Terms and Conditions of Use

IMPORTANT, PLEASE READ

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER THE WEBSITE THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

General

The use of www.TheWEQ.com, www.WorkforceEngagement.Solutions, or https:assessments.theweq.com or website (the “Website”), which is owned and operated by Workforce Engagement Solutions LLC, (“WES”, “We”, or “Us”). We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By using the Website, you agree to be bound by these Terms and Conditions of Use and Service (“Terms and Conditions”) and to use the Website in accordance with these Terms of and Conditions and Service, Privacy Policy, and Refund Policy, as well as all applicable laws and regulations. You further agree that you are responsible for compliance with any and all applicable local, state, federal, and international laws. These Terms and Conditions are in addition to the terms and conditions that may apply to specific sections of the Website or to products and services available through the Website or from WES, including but not limited to the TheWEQ Method Certification, TheWEQ Method Coaching, TheWEQ Method Masterclass, and TheWEQ, TheWEQ Coaching, and other TheWEQ Method Programs. Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms and Conditions. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND WES. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY WES, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Website, from time to time, in which case We will post the revised Terms and Conditions on this website. It is your responsibility to check this page periodically for changes. By continuing to use the Website after We post any such changes, you accept the Terms and Conditions, as modified.

Use License

With your use of the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Permission is granted to download copies of the materials you have purchased on this Website for your use – one purchase per user. This is the grant of a license, not a transfer of title, and under this license you may not:

1. resell this material in part or in whole
2. attempt to decompile or reverse engineer any software contained on WES’s website;
3. remove any copyright or other proprietary notations from the materials; or
4. transfer the materials to another person or “mirror” the materials on any other server.
5. This license shall automatically terminate if you violate any of these restrictions and may be terminated by WES at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Our Limited License to You

This Website and all the materials available on the Website are the property of WES and/or its affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Website is provided solely for your personal noncommercial use. You may not use the Website or the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (1) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (2) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to WES from their creation. Thus, WES shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as WES determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to WES all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that WES has the right but not the obligation to use and display any postings or contributions of any kind and that WES may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Disclaimer

The materials on WES’s website are provided “as is”. WES makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WES does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, deletion, omission, interruption, error, defect, computer virus, theft or destruction of or unauthorized access to, alteration of, or use of this Website, and includes a disclaimer against any and all claims for breach of contract, tort, negligence or any other cause of action.

Limitations

In no event shall WES or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on WES’s Internet site, even if WES or a WES authorized representative has been notified orally or in writing of the possibility of such damage. If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises or is in any way connected to your use of this Website, our programs, or products, our liability to you shall in no event exceed the total amount you have paid us during the six (6) month period immediately preceding any claim. All disputes will be governed by the laws of the United States and by the laws of the State of Virginia without regard to its conflicts of laws’ provisions.

Interactive Features

This Website and programs offered by WES may include a variety of features, such as membership sites, bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website or elsewhere such as Facebook groups and Google Hangouts, or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:

• Restrict or inhibit any other user from using and enjoying the Website.
• Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
• Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
• Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

WES maintains online communities such as Facebook groups, Google Hangouts and other private and public forums on its Websites and elsewhere, and from time to time may host message boards, webinars, on-line meetings, chats or other interactive forums or media platforms that may become available in the future. WES reserves the right to exercise its discretion and refuse, limit, or terminate any user’s access to this Website and any of the other private or public forums and communities for any reason, including but not limited to posting what WES deems as inappropriate messages or content, engaging in what WES deems as disruptive behavior, and/or for failing to comply with these Terms and Conditions. Such conduct may also constitute a violation of the Terms and Conditions for the TheWEQ Method Certification, TheWEQ Method Coaching, TheWEQ Method Masterclass, and TheWEQ Method Programs and may void and nullify the refund policy for such program(s). Additionally, WES or its designated agents may remove or alter any user-created content at any time for any reason.

The message boards, Facebook groups, Google Hangouts chats and other forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by WES’s staff, outside contributors, or by users not connected with WES, some of whom may employ anonymous usernames. WES expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of WES or any of its subsidiaries or affiliates.

WES has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.

Revisions and Errata

The materials appearing on WES’s website could include technical, typographical, or photographic errors. WES does not warrant that any of the materials on, or made available through its website are accurate, complete, or current. WES may make changes to the materials contained on, or available through its website at any time without notice. WES does not, however, make any commitment to update the materials.

Intellectual Property

This Website includes proprietary information and material, including graphics, audio/video clips, and editorial content, that is exclusively owned by WES. This information is protected by all applicable intellectual property laws, including but not limited to trademark (e.g. TheWEQ and WES trademarks) and copyright laws. As a condition of your access to this Website, you agree to not use any such proprietary information without the express written consent of WES.

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The WES trademark and logo are proprietary marks of WES, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by WES.

Subject to your continued strict compliance with all Terms, WES provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to WES software over the Website, WES provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software and associated materials. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by WES; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of WES; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by WES, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to WES. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to WES’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of WES or any third party;
2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to WES’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to WES, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

Our Privacy Policy and Your Personal Information

WES takes seriously the privacy of those that visit our web site. We have established this Privacy Policy to communicate what information we collect and how that information is used and safeguarded.

By accessing this website, you acknowledge the terms and conditions expressed herein. We reserve the right to change this policy at our sole discretion and without notice.

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by this Privacy Statement.  WES reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

As a WES user, you will be required to create an account with WES. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your WES user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you utilize TheWEQ software for third parties, are prohibited. Should your usage data indicate, in WES’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your WES user account or enhanced pricing for your WES user account, at WES’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, WES under your user account. You agree to immediately notify WES of any unauthorized use of your password or username or any other breach of security related to your user account. You agree that WES is not liable, and you will hold WES harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see below for additional information.

What information is collected, and why?

When a user visits our website, we collect information about the visit that does not identify the user personally. We track information such as the domain from which the user is visiting and the user’s browser type. We also collect specific information regarding the user’s session on our website. This includes items such as the date and time of the visit and the pages viewed.

Sometimes we ask a user to voluntarily provide personally identifiable information (PII). This information generally includes, but is not limited to, name, e-mail address, postal address, and telephone number. We request this information when the user requests one of the following:

• To register for TheWEQ Assessment Engine
• To register to attend an on-line seminar or demonstration
• To post and participate in online forum
• To sign up for a mailing list
• To correspond with us
• Or any other such activity that we deem necessary

WES NEVER SELLS YOUR INFORMATION

Should you require assistance accessing any portion of the site, please email [email protected].

WES does not collect any personally identifiable financial or health-related information. This information is managed through the payment portal.

We do not intentionally collect information from children under the age of 18.

How is the information used?

Non-personally identifiable information (non-PII) is collected to allow us to analyze how our website is used and to improve the content and service the website provides.
Personally identifiable information is collected for analysis to improve the content of the website and the services we provide the user.

WES owns the collected information and will not sell, trade, or rent the information to others. We may use the information to continue contact with the user. This may include contact such as follow-up calls, e-mail correspondence, or mail correspondence to follow-up on the contact or to provide marketing information about promotions, new services, or important website changes. WES may share this information with its business partners for the specific purpose of providing services requested by the individual.

Cookies:

Are “Cookies” used on the website?
“Cookies” are small pieces of information that are placed on a web user’s hard drive. We may use cookies to provide you with better service. Cookies are pieces of information that a Web site transfers to your computer’s hard disk for record-keeping purposes. Cookies can make the Web more useful by storing information about your preferences for a particular site. The use of cookies is an industry standard, and many major Web sites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of the functionality of the WES’ site if you do so.

How is personally identifiable information safeguarded?

WES utilizes industry standard methods and mechanisms such as firewalls, intrusion monitoring, and passwords to protect electronic information. Multiple physical security methods such as locking devices and 24 hour premise monitoring are also employed. Finally, access to PII is limited to a small number of personnel and on a need-to-know basis.

Links to other web sites

WES’ web site may contain links to other internet web sites. WES neither controls nor endorses external sites and is not responsible for the content of such sites. This policy does not cover the privacy policies and data collection practices of non-WES web sites.

How to opt out of correspondence
Based on the information a user has provided, WES may send e-mail correspondence to the user. Each correspondence will contain an easy means to opt out of further correspondence.

Testimonials, Reviews, and Pictures/Videos

WES is pleased to hear from our users and customers and welcomes your comments regarding our services and products. WES may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to WES’ services or products, in printed and online media, as WES determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant WES a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, WES reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. WES shall be under no obligation to use any, or any part of, any testimonial or product review submitted. Enforcement and Disclosure of Information

WES further reserves the right to disclose any information about you (including your identity) necessary for any investigation of any complaint related to your use of the Website and/or to bring legal action against you for damages caused to WES, our Affiliates, and/or our customers by your violation of these Terms and Conditions. WES further reserves the right to disclose any information about you necessary to comply with any applicable law, regulation, legal process or governmental request.

In the event WES does take any legal action against you as a result of your violation of these Terms and Conditions, WES is entitled to recover from you all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

In the event WES does not strictly enforce one or more provisions of these Terms and Conditions, such action is not a waiver of that or any other provision of these Terms and Conditions against you or any other parties. Further, such conduct does not constitute a modification of any provision of these Terms and Conditions.

Modification of Website Terms and Conditions

WES may revise these Terms and Conditions for the Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms and Conditions.

WES reserves the right to take any of the actions listed below at any time, for any reason, and without notice: (1) modify, suspend, or terminate operation of or access to the Website or any portion thereof (2) modify or change the Website or any portion thereof, and (3) interrupt the operation of the Website or any portion thereof to perform maintenance or other changes. WES further has the exclusive right to terminate individual user’s access to the Website and related account(s) including but not limited to the TheWEQ Method Certification, TheWEQ Method Coaching,  TheWEQ Method Masterclass, and TheWEQ Method Programs, for any reason including but not limited to any violation of the Terms and Conditions for this Website and/or the foregoing programs. You further agree that WES will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions.

Links to Other Websites

This Website may contain links to other independent third-party Web sites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control, and we are not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

Special Promotions

From time to time we may offer special promotions with a specific terms and guarantee. The details of these on each specific offer page supersedes the terms on this page. Such promotions, discounts, offers, etc. (hereafter referred to as promotions) are applicable only at the time of and during the specified time period and all terms; all conditions, discounts, and offers, etc. end at the completion of said promotion.  Such promotions shall in no way ever be construed as being applicable retroactively to products, services, access, etc. (referred to as offerings) available prior to the promotion nor are the terms of promotions applicable to any offerings after the promotion period has ended.

Subscription Terms and Automatic Payment

A WES user is responsible for paying all sums due to WES in connection with their annual subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the annual fee is a condition of access. Every year, on your anniversary date, your account will be charged the subscription fee plus applicable tax for the following year’s subscription, together with any other fees for the following year’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the WES user to use any of the services available through the service provided by WES does not relieve the WES user of their payment obligations under these Terms.

Users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on an annual basis and for a specific amount).

IF YOU ARE A MEMBER OF THEWEQ COMMUNITY WITH AN ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR MEMBERSHIP, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING [email protected] AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR START OF THE NEW BILLING PERIOD.

WES reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event WES starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

In addition to any Fees, WES may also charge applicable value added or other tax.

Shipping Fees

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

Refunds and Fees

There are no refunds provided once access to member content has been granted; you have no obligation to join, or renew once the annual membership expires, but, what has been seen cannot be unseen and downloaded content is irretrievable, no refunds are available.

Refunds for the TheWEQ Method Certification, TheWEQ Method Coaching, TheWEQ Method Masterclass, and TheWEQ Method Programs are strictly governed by the Terms and Conditions set forth upon enrollment in these programs. Except where expressly stated, nothing in these Terms and Conditions modifies or otherwise alters those provisions.

Deposits made towards TheWEQ Method Certification and/or TheWEQ Method Coaching Applications, are subject to a 90-day refund period from the date the deposit is made. Thereafter, your deposit will be considered forfeited.

Security

You may access certain features or services offered on or through this Website through an account (e.g. the TheWEQ Method Certification, TheWEQ Method Coaching, TheWEQ Method Masterclass, and any other TheWEQ Method Programs). It is your responsibility to maintain the confidentiality of your account information, including your username and password. Further, you are fully responsible for any and all activity that occurs through your account as a result of your failure to properly secure your confidential information. You agree to immediately advise us of any unauthorized use of your account, password, and any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Website due to the use of your account by someone else caused by your failure to properly secure your account information. Likewise, by accessing this Website you recognize that you are not entitled to use anyone else’s account and that WES is not liable for any damages caused by your improper use of another’s account.

Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia and any dispute shall be subject to binding arbitration in Chesterfield, Virginia. If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Indemnity

You agree to indemnify and hold WES, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against WES, by any third party due to or arising out of or in connection with your use of the Website.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed/eliminated to the minimum extent possible and replaced with a valid provision that best represents the intent and purpose of these Terms and Conditions, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

Agreement

By accessing this Website, you agree to abide and be bound by these Terms and Conditions.