Terms and Conditions

WILLPORTtrust, LLC.

PLEASE NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES FOR USERS TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE “ARBITRATION” AND RELATED SECTIONS.
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Introduction

These are the terms and conditions of use for WILLPORTtrust, LLC (“WILLPORT”) internet/web sites and apps (the “Site”). Currently, the Site is a phone device only app; however, Terms of Use and Conditions are provided should circumstances change, and WILLPORT utilize web-based or other related delivery platforms.

Your use of the Site and any gift products or services (used interchangeably – “Services” and/or “Gifts” and/or “Products”) you order from the Site will be subject to these terms and conditions and by using the Site you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.

These terms and conditions were last updated on May 30, 2020. 

 

Payments

WILLPORT allows you to schedule up to 14 months of Gifts with attached greeting cards or videos. Payments are as follows:

  • PAY NOW– All Services orders placed within 30 days of a requested delivery date require immediate payment.
  • PAY LATER– On Services orders with a requested delivery date longer than 30 days from the date of order, payments are processed 7 days before the scheduled Service and related Gift delivery date. Modifications or cancellation to your Services order must be done prior to the delivery date. For your convenience, you will receive a reminder email 2 days before the Services payment is processed, allowing you to cancel or change your Services order before your selected payment method is charged.
  • GIFT CARD ORDERS– Gift card orders are nonrefundable. Once your Services payment method has been charged, we are unable to offer returns or refunds; even on orders scheduled for future delivery.

 

WILLPORTtrust & VENDORS
CANCELLATION POLICIES

WILLPORTtrust is a duly authorized agent of FLORIST ONE, eGIFTER and EXPERIENCE to act in its name regarding electronic commerce transactions. In regard to “Cancellation Policies” the following provisions control:

WILLPORTtrust (and FLORIST ONE) will honor a request to cancel an order provided that the process of fulfilling the flower order has not already begun by your local florist. If we are able to cancel an order, your money will be fully refunded. Please contact WILLPORTtrust as early as possible if you need to cancel an order providing us with an order number or as much information as possible.

WILLPORTtrust (and eGIFTER), except as expressly defined herein, hereby notify you that all sales are final and there are no cancellations, refunds or exchanges permitted. WILLPORTtrust is not responsible for the refund and returns of any products purchased from “Retailers”. Your only recourse for refunds, returns and exchanges is with the applicable Retailer. Although we believe the applicable Retailer will grant refunds and/or accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Retailer.

WILLPORTtrust (and EXPERIENCE w/Pulse and Just Rewards) hereby notify you that an EXPERIENCE package can be canceled and refunded at any time prior to the purchase of a package inclusion for your specific “experience” by the “Fulfillment Company.” EXPERIENCE certificates expire thirty-six (36) months from issue date.

For assistance with any cancellations, refunds or exchanges, please contact us via email at [email protected] and/or via phone at +1 855-945-5778 (Toll Free) or +1 858-800-3827 (Direct).

 

WILLPORT Money Transfer Services – powered by Dwolla, Inc.
For users sending funds:

In order to use the Money Transfer functionality of WILLPORT application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the following:

Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize WILLPORTtrust to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data.

You understand that you will access and manage your Dwolla account through WILLPORT application, and Dwolla account notifications will be sent by WILLPORTtrust, not Dwolla. WILLPORTtrust will provide customer support for your Dwolla account activity, and can be reached at via https://www.willporttrust.com/contact-us or email at [email protected]

For any fraudulent transaction or activity, please email at [email protected].

 

For users receiving funds:

You expressly authorize WILLPORTtrust LLC. service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize WILLPORTtrust to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.

Dwolla’s Privacy Policy is available here.

 

Same Day Transfers & Fees:

Same Day Transfers (optional) allows you to send money from your Willport’s wallet to an eligible U.S. bank account, typically within the same business day. A $1.99/- fee per transaction is applied for users opting for this service. Same Day Transfers have a cutoff time and settlement window for Same Day ACH payments, and that is 12:00 PM Central Time. Any withdrawals that you want to receive within the same day must be initiated by this cutoff time and funds may earliest be available by 4:00 PM Central Time. If they are initiated after 12:00 PM Central Time, they will clear the following day.

 

Bank Account Authorization and Verification – powered by Plaid Inc.

WILLPORTtrust LLC. uses Plaid Inc. (“Plaid”) to gather End User’s data from financial institutions. By using our service, you grant WILLPORT and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

You can read Plaid Privacy Policy at https://plaid.com/legal

 

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile devices) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

To use the Site, you must be at least 18 years old.

You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a login ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorized use or other security breaches of which you become aware. We reserve the right to disable any login ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

 

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

 

What you are not allowed to do

Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:

  • Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site.
  • Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.
  • Create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

 

Intellectual Property Rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

 

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

Some countries do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, meaning the above disclaimers and limitations may not apply to you.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

Your Personal Information

Use of your personal information submitted to or via the Site and the use of “cookies” is governed by our Privacy Policy.

 

Ordering and Availability

Services and related Gifts may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the payment button on the checkout page.

We cannot guarantee the availability of all of the products listed on our Site.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number and your credit or debit card will be authorized (but no monies will be charged or debited) up to the total amount of your purchase. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us for a Service and related Gift. All orders are subject to acceptance by us and by your Recipient and provision to us of a delivery address. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the payment button you enter into an obligation to pay for the Service, postage and any other additional extras you have selected and added to your cart. All orders will be displayed in your WILLPORT “newsfeed” on the Site, as well as being confirmed in an email.

The contract between you and us in relation to the Services and related Gifts ordered (the “Contract”) will only be formed when we send you the WILLPORT email confirmation of the order.

Services are provided by our third-party suppliers; in exceptional circumstances, our suppliers may not be able to supply the purchased Services. In such cases, we will contact you directly to discuss sending an alternative or arranging for your monies to be repaid.

 

Delivery

Subject to the following sentence, your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days after the date of the Acceptance Confirmation, unless there are exceptional circumstances. Some services made available on the Site may require a period of preparation and therefore delivery of these items may take longer than for our more standard items. You will be notified prior to purchase of the Service and related Gift that due to its customization requires a period of customization and that therefore the delivery will be longer, and you accept that delivery of this customized item maybe longer. Please contact us if you have any queries about delivery times on customized items.

Services may only be delivered to designated delivery addresses. If your Recipient’s delivery address is geographically remote, it is possible that we may not be able to deliver there. If that is the case, we will notify you and your recipient by email and offering you a refund for your Gift. Services such as flowers are physical deliveries and “Experience” packages are physical and electronic deliveries. Gift cards are only delivered electronically, and recipients will receive these Services on their “newsfeed” if they are a WILLPORT contact and/or by email. Electronic gift cards can also be redeemed from the recipients WILLPORT “newsfeed.”

We do our best to deliver on the exact date set in your calendar. However, for physical deliveries, like flowers, it is not possible to guarantee an exact time at which a delivery will take place.

It is the responsibility of your Recipient to confirm their exact delivery address. If the address is not correct so that delivery of the Service and related Gift cannot be made, we will not, in this instance, be responsible or liable for any failure to deliver the Gift.

To notify us of any changes to your delivery address your Recipient can contact us. Where a Gift has not already been dispatched, we will try to amend the delivery address; but this may not always be possible.

 

Risk and Title

Services ordered will be at your Recipient’s risk from the time of delivery. Ownership of the Service and related Gift ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Services, including any delivery charges, has been received.

 

Price and Payment

The price of Services is as quoted on the Site from time to time. The price includes sales tax, or other charges as applicable. The price generally excludes delivery costs and any additional extras purchased by you at the point of sale, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

The Site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Services correct price is less than our stated price, we will charge you the lower amount. If a Services correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Gift, or reject your order and notify you by email communication of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.

When you press the payment button, we will authorize your credit or debit card up to the total amount in your shopping cart. We will charge your credit or debit card once your Recipient has confirmed that they wish to receive the Service and related Gift and confirmed their address and we have sent you the Acceptance Confirmation.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

 

Consumer Rights

Once the payment button is pressed and your order is submitted, as confirmed by the Acceptance Confirmation, your order cannot be canceled and, unless the Recipient declines the Service or does not accept the Service prior to the expiration of the 7 day time period, the Service will be fulfilled and your credit or debit card will be debited for the purchase and all other charges as provided herein.

The Recipient of the Service may return the related Gift if the retailer selling and delivering the Gift has a return policy that the Recipient is eligible to benefit from. Any such return policy will be enforceable only against the relevant retailer. WILLPORT assumes no responsibility or liability for such return policies or any returns you or a Recipient may seek.

If any Service and related Gift you order is damaged or faulty when delivered, you or the Recipient may have the legal right under some U.S. individual state laws to claim an exchange or refund, as appropriate, in accordance with your legal rights. If you or the Recipient believes a Service and related Gift was delivered damaged or faulty, you must inform us in writing, giving us your name, address, and order reference.

Other than as provided, there are no cancellations or returns of any orders or purchases.

 

Services Information

Whilst we have taken reasonable steps to depict Services and related Gifts as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color) you see on-screen will depend on your phone or other device and, as such, may not exactly reflect the actual detailing of a Service and related Gift when you receive it.

Any information on the Site regarding sizing of Gifts is included as a guide only. If you are in any doubt as to the size of any Gift you require, we recommend that you contact us prior to placing an order.

 

Our Liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

  • for death or personal injury caused by our gross negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that may not, under law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Services and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

 

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILLPORT OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WILLPORT, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

WILLPORT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILLPORT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITES.

YOU ACKNOWLEDGE THAT WILLPORT IS NOT THE MANUFACTURER, DISTRIBUTOR, SUPPLIER OR RETAILER OF ANY OF THE PRODUCTS LISTED ON OUR SITE AND AS A RESULT WE HAVE NO LIABILITY WHATSOEVER FOR ANY PRODUCT DEFECTS, FAILURE OF A PRODUCT TO OPERATE IN ACCORDANCE WITH OR CONFORM TO ANY SPECIFICATIONS OR REQUIREMENTS OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE USE OF A PRODUCT. THE ONLY WARRANTY PROVIDED IN CONNECTION WITH ANY PRODUCT (IF ANY) ARE THOSE PROVIDED BY THE MERCHANT OR MANUFACTURER AND ANY CLAIMS IN CONNECTION WITH SUCH WARRANTIES MUST BE ADDRESSED DIRECTLY WITH THE MERCHANT OR MANUFACTURER.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WILLPORT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT OR USER OF THE SERVICES.

 

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILLPORT, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITE. UNDER NO CIRCUMSTANCES WILL WILLPORT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLPORT AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WILLPORT, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WILLPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES.

BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE WILLPORT OR ITS AGENTS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED ITEMS; (B) ANY AND ALL APPLICABLE TAXES; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

IF YOU ARE A NEW JERSEY RESIDENT, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” SIMILARLY, THIS SECTION DOES NOT LIMIT TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM WILLPORTS OWN INTENTIONAL OR RECKLESS CONDUCT.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, MEANING THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Jurisdiction and Arbitration Agreement

These terms and conditions shall be governed by the laws of the State of Delaware without regard to conflicts of law principles.

YOU  AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITE, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITE, THESE TERMS, OR CONTENT (A “DISPUTE” AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION.

Any dispute or claim relating in any way to your use of the Site, or in respect of any Services and related Gift sold or received through WILLPORT will be resolved by binding arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent or to our address. The American Arbitration Association (“AAA”) rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in-person and/or at a mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with WILLPORT. If for any reason a claim proceeds in court rather than in arbitration, for any reason, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

 

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

 

External Links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

 

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Site by contacting us via our website https://www.willporttrust.com/ or email at [email protected] and/or via phone at +1 855-945-5778 (Toll-Free) or +1 858-800-3827 (Direct) or write to us at:

WILLPORT trust, LLC

9747 Business Park Ave. Suite 100

San Diego, CA 92131

Updated: May 30, 2020