Website Terms of Use
Last Updated: October 1, 2020
Thanks for visiting the Weave Website. The following terms and conditions (the “Terms of Use”) govern your use of www.getweave.com (the “Website”) and the Content (as defined below) available on the Website, which are provided for your personal, non-commercial use by Weave Communications, Inc. and its subsidiaries, affiliates and other related entities (“Weave,” “we,” or “us”). BY ACCESSING OR USING THE WEBSITE OR CONTENT IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE Terms of Use AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE Terms of Use OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.
- Changes to Terms of Use. We may revise and update these Terms of Use from time to time at our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
- Scope of and Restrictions on Use. Subject to these Terms of Use, Weave grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Website (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Weave. You agree not to:
- collect information from the Website using an automated software tool or manually on a mass basis;
- use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website;
- obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you;
- “flood” the Website with requests or otherwise overburden, disrupt, or harm the Website or our systems;
- restrict or inhibit other users from accessing or using the Website;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Website or in the Content; or
- access or use the Website or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
- Weave Services and Terms of Use. Our Website provides information and access to becoming a Weave customer of Weave’s various services. If you register for Weave services and become a customer, your use of the Website and the Weave services will also be governed by other agreements. The terms and conditions of those agreements are in addition to these Terms of Use. In the event of a conflict between the terms of the other agreements or these Terms of Use, the other agreements will control to the extent of the conflict.
- Ownership. The Website (including the Content) is owned by Weave and is protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Website are registered and unregistered marks of Weave. You acknowledge and agree that, as between you and Weave, Weave is and shall remain the sole owner of the Website and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
- Electronic Communications. The communications between you and Weave via the Website use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Privacy Policy. You acknowledge and agree that all information collected by Weave is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
- Disclaimer; Limitation of Liability.
- Disclaimer of Warranties. THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WEAVE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WEAVE NOR ANY PERSON ASSOCIATED WITH WEAVE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WEAVE NOR ANYONE ASSOCIATED WITH WEAVE REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WEAVE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE Terms of Use FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
- Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 7 may not apply to you.
- Indemnification. You agree to indemnify, defend, and hold Weave and its officers, directors, employees, agents, licensors, suppliers, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Website and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Website and/or these Terms of Use.
- Third Party Materials. The Website may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Weave is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Weave does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Linking to the Site. You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- Miscellaneous.
- Geographic Restrictions. Weave is based in the State of Utah in the United States. We make no claims that the Website or the Content are accessible or appropriate outside of the United States or Canada. Access to and use of the Website or Content may not be legal by certain persons or in certain countries. If you access the Website or Content from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
- Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Terms of Use OR THE WEBSITE (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver, Severability, and Assignment. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect. Weave may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
- Entire Agreement. These Terms of Use, including our Privacy Policy and, as applicable and agreements you enter for Weave services, constitute the entire agreement between you and Weave with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- Questions. If you have any questions about the Services or these Terms of Use, please call us at 888-579-5668, email us at [email protected], or write to us at 1331 W Powell Way, Lehi, Utah, 84043.
- Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.