WyGO Consumer Terms of Use

Revised October 5, 2020

This Site is provided as a service to you, our customers. We at WyGO ask that you review the following terms and conditions of use, which govern your use of the Site. The Site is an online delivery and marketplace site, i.e., we list products for sale, which are offered by our Marketplace Partners and deliver the products to you.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS.

In these Terms of Use:

“WyGO,” means WyGO, LLC and its, subsidiaries, affiliates, directors, officers, employees and agents. We also refer to WyGO as “we,” “us” and “our.”

“You” or “your” means any user of the Site and any person who has notice of these Terms of Use.

“Terms” means these Terms of Use and all other terms and policies posted by WyGO on the Site (and any updates by WyGO to these Terms of Use and those terms and policies).

“Marketplace Partner” means third party retailers who use the Site to sell products to you or which use any order processing, fulfillment, shipping, or other services related to the Site.

“Content,” means merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

We will notify you of any update of these Terms of Use by posting a revised Terms of Use through the Site. Any changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use. You are responsible to regularly check the Site for any updated Terms of Use. In addition, by continuing to use or access the Site or otherwise engaging with WyGO after we post any changes, you accept the updated Terms of Use. The date on which these Terms was last changed is indicated by the “Revised” legend above.

Once you have placed an order we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us. You will receive an order confirmation from the Marketplace Partner.

There may be a minimum order value, which may change from time to time. In addition to the price of Products, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on checkout. Pricing for Products may not be the same prices as if you shopped in the Marketplace Partner’s store.

Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. Title to the goods purchased by you and the related risk of loss on these items passes to you upon our acceptance of your order.

A Marketplace Partner may, in its discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the appropriate Marketplace Partner.

We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).

Notwithstanding the foregoing, all refunds will be subject to our discretion.

We aim to deliver your goods within the delivery we assign at the time you place your order, but do not guarantee that goods will be delivered on or by a certain date or time. WyGO will not be liable for delivering the goods outside of the requested delivery or failing to deliver all or any of the goods in your order.

We can only deliver to an address that has been stored in your address book in your account or that has been verified by the Marketplace Partner.

We reserve the right to refuse, for any reason, order(s) you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of ordering.

All Products purchased on the Site will be fulfilled by a Marketplace Partner and not WyGO. Only the Marketplace Partner is responsible for processing, returns, and customer service related to your order. Products purchased on the Site can only be returned to that Marketplace Partner in accordance with its return policy, and all questions regarding returns or other product related issues should be directed to the appropriate Marketplace Partner. You can access our Marketplace Partners’ contact information by clicking the link found in your order confirmation issued by the Marketplace Partner. WyGO is responsible for delivering the Products purchased on the Site and all delivery questions should be directed to the WyGO delivery manager assigned to your location.

Purchases by dealers or resellers is prohibited.

The Site makes available listings, descriptions, and images of goods and services (collectively, “Products”) made available by our Marketplace Partner. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, serving sizes, dosages, and prices contained on the Sites). Our Marketplace Partners reserve the right to change at any time and without notice such information and the availability of any Product. We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. Any Products available for children’s use are solely intended for sale to adults.

WyGO has no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

WyGO is not responsible for, and cannot guarantee the performance of the Products. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Site, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

The Content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. WyGO is not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.

To the fullest extent provided by applicable law, WyGO has no responsibility or liability for any Marketplace Partner’s Products or representations.

WyGO and Marketplace Partner promotion codes (“Promo Codes”) are valid only on orders placed on the Site, subject to these Terms. Your use of a Promo Code indicates your agreement to be bound by these Terms and any Promo Code terms on the promotion offer itself. WyGO will only honor a Promo Code if it is used in accordance with all applicable terms.

Only promotional codes issued by WyGO or by a Marketplace Partner can be used on the Site. Promo Codes issued by WyGO are, and will remain, the property of WyGO and are not transferable, cannot be resold, and have no cash value unless otherwise stated.

Promo Codes can be added to your order by entering the code at checkout.

Promo Codes cannot be used after the expiration date. Promo Code values may be adjusted if the total discount value is greater than the value of your order.

We and the Marketplace Partner reserve the right to withdraw or cancel any Promo Code at any time, either as a whole, or for specific goods or delivery areas, after which the Promo Codes may not be used for any orders. In the event fraud or misuse is suspected, we reserve the right to reject or cancel the use of a Promo Code. You will have no claim against WyGO in connection with such rejection or cancellation of a Promo Code. WyGO will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Promo Code or any failure or inability of a customer to use a Promo Code for any reason.

Copying, reproducing, publishing or distributing Promo Codes, whether directly or indirectly is strictly prohibited.

The prices displayed on the Site are quoted in U.S. Dollars. By electing a method of payment, e.g., credit card, debit card, etc., you authorize us to charge the method of payment the amount listed in the Checkout and you agree to receive an eReceipt in lieu of a paper receipt for all purchases

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through the Site. WyGO may participate in account update services offered by some banks. In such case and if your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. You may be able to opt out of having your cards automatically updated by contacting your issuing bank.

You warrant that all billing information you provide is truthful and accurate. If you provide any untruthful or inaccurate information we may cancel your order. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will issue a credit to your credit card (or other applicable payment account) in the amount charged against your card or method of payment.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. We reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion.

WyGO is pleased to hear from you and welcomes your comments regarding the Products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you. We ask that you not send such proposals to anyone at WyGO.

You authorize us to post, but agree that we are not required to post, any comments you make concerning the Products or delivery service.

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). These Terms incorporate by reference the terms and conditions of the Privacy Policy.

In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

(1) To WyGO at: WyGO, LLC, 655 W. 13 Mile Road, Madison Heights, Michigan 48071.

(2) To you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both You and WyGO agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Any dispute concerning the Products, including quality, expiration date, etc., must be addressed with the pertinent Marketplace Partner.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Dispute.

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by the Arbitration terms. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. If your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award WyGO the reimbursement of its costs and arbitration fees against you and/or your counsel.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and WyGO waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

With the exception of the Arbitration terms, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or WyGO at any time without notice, and accordingly we may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

In addition to any other remedies available to it, WyGO may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the WyGO returns policy.

These Terms shall be governed by the laws of the State of Michigan without regard to choice of law principles, except for the Arbitration terms above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of WyGO’s right to require strict observance of each of the terms herein. These Terms constitutes the entire agreement between us relating to your use of the Site.

If any portion of these Terms is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration terms; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.