Terms of Service

NOTICE: THESE TERMS OF SERVICE GOVERN OUR PROVISION AND YOUR USE OF WESTOCK. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE.

NOTICE OF ARBITRATION AGREEMENT: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION PROVISION, AND A WAIVER OF CLASS ACTION LAWSUITS AND JURY TRIALS.

These Terms of Service (“Terms of Service” or “Terms”), along with the WeStock Privacy Policy, constitute the Agreement by which WeStock, Inc. (“WeStock”) agrees to provide its website(s), products, services and applications (“Services”) to you. Your use of the Services shall be deemed acknowledgment that you have read and agreed to these Terms of Service.

1. Modifications and Revisions

We may update these Terms of Service from time to time, and reserve the right to do so at any time. We will notify you of any changes to these Terms ofService by posting the revised or updated Terms of Service and its “Last Modified” date on our website. Your continued use of the Services after the “Last Modified” date constitutes your acceptance of and agreement to these Terms of Service and its revisions or updates. You should periodically read the Terms of Service to learn of any revisions or updates.

2. Services

WeStock may provide you with certain rewards, typically in the form of cash, when you purchase certain qualifying products from participating retailers or brands that work with WeStock on brand campaigns or provider consumers with special offers. You will receive the reward after you successfully completed the action required in a particular brand campaign or offer (for example, buying one or more qualifying products) and texting WeStock a photograph of your purchase receipt.

3. Brand Campaigns, Offers, and Rewards

WeStock reserves the right to modify, pause or terminate any brand campaign or offer at anytime, and further reserves the right to revoke your participation in any brand campaign or offer at our discretion for any reason or no reason whatsoever.

If WeStock determines that you are attempting to obtain an unfair advantage, engage in fraudulent behavior or otherwise violate the terms or spirit of any brand campaign or offer, WeStock reserves the right to (a) revoke any rewards, (b) charge you for any such rewards issued to you, and/or (c) suspend or block you from all campaigns offered through WeStock.

Brand campaigns and offers may be subject to other terms, conditions, and restrictions set forth on the Services or presented on the Services in connection with such campaign or offer. Rewards are offered for a limited time, while supplies last, and provided on a first-come, first-serve basis.

Rewards are limited to one (1) per household are not valid with any other offers, discounts or coupons. Rewards are non-transferable and cannot be sold or exchanged for cash or another product unless pursuant to a specific campaign or offer provided by WeStock. WeStock is not responsible for lost, stolen or damaged rewards. You are solely responsible for any taxes incurred by your relating to the receipt of rewards. Some rewards may only be available to residents of the U.S.

4. Cost

The Services are currently free, but we reserve the right to charge for certain or allServices in the future. As set out below, you are responsible for all charges and fees associated with text messaging imposed by your mobile operator. We will notify you before any Services you are then using will involve a fee going forward, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

5. Customer Authorization and Responsibilities

a. Authorization

The Services are only available to legal residents of the UnitedStates. You must be 18 years of age or older to receive messages. We reserve the right to require you to prove that you are at least 18 years of age if so requested.

b. Customer Responsibilities

You agree that you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of theServices is prohibited by applicable law, then you aren’t authorized to use the Services. WeStock will not be responsible for your using the Services in a way that violates any law.

6. Restrictions on Use of the Services

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

a. infringes or violates the intellectual property rights or any other rights of anyone else (including WeStock);

b. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by WeStock;

c. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

d. attempts, in any manner, to obtain the password, account, or other security information from any other user;

e. violates the security of any computer network, or cracks any passwords or security encryption codes;

f. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

g. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to theServices or Content (through use of manual or automated means);h. copies or stores any significant portion of the Content; or

i. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

7. Content and the Services

a. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you,(i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including WeStock's) rights.

b. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that WeStock owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certainContent, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

c. You are responsible for all Content you contribute, in any manner, to the Services,and you represent and warrant you have all rights necessary to do so, in the manner in which youcontribute it

8. Third-Party Sites

WeStock has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, WeStock will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using theServices, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

9. Mobile Alerts and SMS Notifications

a. Message & Data Rates May Apply

We do not charge for the Services, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator.

b. Consent to Receive Messages

By signing up for theServices, and providing Westock with your mobile telephone number, you agree to receive recurring marketing text messages via the use of an automatic telephone dialing system, or autodialer, from Westock. Promotional messages may include alerts regarding offers, brand updates, and/or store updates. Your consent to receive text messages is not required as a condition of any purchase. If you would like to unsubscribe, text STOP to 888-297-1801. TextHELP to 888-297-1801 for help. Note: two-way texting is not available due to the technical limitations of our texting protocol. Message and data rates may apply

c. Eligibility and Change in Phone Number

You agree to provide us with a valid mobile number for which you are the authorized account holder, and that you will not initiate messages from the mobile phone or device of any other person or entity without authorization. If you decide to change your mobile phone number, you agree to opt out prior to changing your mobile number.

d. Service Providers and Devices

The message portion of these Services may not be available for all service providers or for all devices. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the process offered. Pre-paid users may not be able to participate. Please check with your mobile operator. We make no representation, warranty or guarantee that a particular wireless service provider will enable you to participate in the Services.

e. Unsubscribing from Mobile Alerts and SMS Notifications

To stop the service and cease receiving text messages at any time, please text STOP, CANCEL, UNSUBSCRIBE,QUIT, or END to 973-637-4068. You’ll receive a one-time opt-out confirmation text message and you may receive additional communications for a period while we process your request. After that you will not receive any future messages unless and until you re-subscribe to theService. We may, in our sole discretion, add or delete a cellular carrier at any time, with or without notice.

10. Children’s Online Privacy Protection Act

The Children’s Online Privacy ProtectionAct (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at cameron@westock.io.

11. Warranty Disclaimer

WeStock and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (WeStock and all such parties together, the “WeStock Parties”) make no representations or warranties concerning the Services, including without limitation regarding anyContent contained in or accessed through the Services, and the WeStock Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The WeStock Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY WESTOCK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

a. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WESTOCK BELIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICES, OR RELIANCE ON OR PERFORMANCE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WESTOCK BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (B)ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

b. EXCLUSIVE REMEDY. THE REMEDIES EXPRESSLY SET FORTH INTHIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAYHAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMERLAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Services or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Services, any errors in such information, or any action you may or may not take in reliance on the information or Services.

14. Dispute Resolution

AGREEMENT TO ARBITRATE AND CLASS ACTION AND JUDGE OR JURY TRIAL WAIVER.

PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROMUS AND INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL.

Most concerns can be resolved quickly and to your satisfaction by contacting WeStock using the contact information below. You and we agree to discuss any concerns or disputes and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation (hereinafter, “Informal Dispute Resolution Process”). The statute of limitations and any filing fee deadlines shall be tolled while you and we engage in the InformalDispute Resolution Process. In the unlikely event that the Customer Support is unable to resolve a complaint you may have to your satisfaction (or if WeStock has not been able to resolve aDispute it has with you after attempting to do so informally) within thirty days after initiation of this Informal Dispute Resolution Process, those Disputes will be resolved through binding arbitration or small claims court as described in this Section 15.

a. Arbitration Agreement

WE (YOU AND WESTOCK) EACH AGREE THAT ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, THE RELATIONSHIP BETWEEN US, OR OUR SERVICES WILLBE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT(DESCRIBED IN ), INCLUDING BUT NOT LIMITED TO, ANY DISPUTES AND ANY THRESHOLD QUESTIONS OF THE ARBITRABILITY OF SUCH DISPUTE OR CLAIM EXCEPT THAT YOU OR WE MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF PROPER JURISDICTION IF THE CLAIM RELATES TO INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or WeStock may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to WeStock 37 Kensington Ave Norwood NJ 07648 to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, if the arbitrator finds that you cannot afford to pay AAA filing, administrative, hearing, and/or other fees and cannot obtain a waiver from AAA, we will pay them for you if you complied with the Informal Dispute Resolution Process set forth above. In addition, we will reimburse all such AAA filing, administrative, hearing, and/or other fees for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous or you did not comply with the Informal Dispute Resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the AAA Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of thisArbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.In addition, for claims under $75,000 as to which you followed the Informal Dispute ResolutionProcess before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, WeStock agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. The award of the arbitrator is final and binding upon you and us.

b. WAIVER

i. CLASS ACTION WAIVER

WE (YOU AND WESTOCK) EACH AGREE THAT ANY PROCEEDINGS, WHE THERIN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the Arbitration Agreement will be void as to you.Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in accordance with the Governing Law, Venue and Jurisdiction, and Court Proceedings described below.

ii. JUDGE OR JURY TRIAL WAIVER

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR AJURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the “Small Claims”subsection below. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

a. Small Claims

You and WeStock retain the right to seek remedies in small claims court for disputes or claimswithin that court's jurisdiction, unless such action is transferred, removed or appealed to adifferent court. Any court having jurisdiction may enter judgment on the arbitrator's award.

b. Governing Law, Venue and Jurisdiction, and Court Proceedings

You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Except to the extent preempted by or inconsistent with applicable federal law and as other wise described herein, this agreement is governed by the laws of the State of New Jersey, with out regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of New Jersey, County of Bergen.

15. Help/Contact Us

For help or questions about the Services, reply HELP to any textmessage from the Service and follow the prompts. For additional support contact cameron@westock.io. Or contact us at 37 Kensington Ave Norwood NJ 07648.