LAST UPDATED: January 9, 2020
Welcome to WEPA!BOX! The website and the services provided through it are provided by PR Island Export LLC (“WEPA!BOX,” “we”, “our”). These terms and conditions (“Terms and Conditions”) govern your access and use of the website www.wepabox.com (“Website”) and all services provided by PR Island Export LLC through the Website, including but not limited to, our monthly and annual subscription service to WEPA!BOX (collectively the “Services”).
1. ACCEPTANCE OF THE TERMS:
By using the Website or subscribing to our Services, you accept the Terms and Conditions that are included below. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY as they may have changed since your last visit. If we make changes to these Terms and Conditions, we will notify such changes, by sending a notification by email, a notice through the Website or by updating the “Last Updated” section at the beginning of these Terms and Conditions of Use. By continuing to use or access the Website, making purchases and/or receiving or using products, you confirm your acceptance of the revised Terms and Conditions and all terms incorporated herein by reference. We encourage you to review the Terms and Conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Website or when you make a purchase and/or receive or use the products offered through the Website. If you do not accept the revised Terms and Conditions, you may not access or use the Website or place orders, make purchases and/or receive or use the products or Services offered through the Website.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Website on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
The Website is not targeted toward or intended for use by anyone under the age of 21. By using the Website, you represent and warrant that you (a) are 21 years of age or older, (b) have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, (c) do not have more than one WEPA!BOX account, and (d) have full power and authority to enter into these Terms and Conditions and in so doing will not violate any other agreement to which you are a party. In addition, if you purchase any of the subscriptions available through the Website for delivery to a third party, you further represent and warrant that the recipient (1) is 21 years of age or older and is otherwise eligible to purchase or receive the Products offered through the Website, and (2) the recipient or the person signing for and accepting delivery of any such Products is an adult 21 years of age or older, and presented a valid form of identification confirming such fact, at the time of delivery of such Products.
4. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES:
To access and use certain areas or features of the Website, you will need to register and obtain a WEPA!BOX account (hereafter the “Account”). By creating an Account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials (username and password), (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your Account.
By creating a WEPA!BOX Account, you also consent to receive electronic communications from WEPA!BOX (e.g., via email or by posting notices to the Website). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by pressing the “Unsubscribe” button available in all email with promotional or advertising content and following the instructions provided through said link. You may also choose not to receive this type of communication during the registration process when creating a WEPA!BOX Account.
5. TERMS OF SALE:
5.1 General Terms
As a subscribed member of WEPA!BOX, each month we will send you a box with a different selection of products manufactured and/or made in Puerto Rico, which may consist of a selection of typical sweets, snacks, coffee, jewelry and beauty products or others, as well as discounts or offers for different services offered in Puerto Rico (hereinafter collectively referred to as the “Products”). This list is not limitative of the Products that you will be receiving monthly, but it is included so that you as a user have an idea of the type of Products you may be receiving as part of your subscription to WEPA!BOX. The Products you will receive are a surprise. Each month of your subscription, the selection of Products may change. Accordingly, WEPA!BOX cannot guarantee that a selection available in a particular time frame will be available in any subsequent timeframe. The value of the content included in each WEPA!BOX will vary according to the Products that are included in the box monthly. The value of the products will not affect the price for the subscription you select. BY SUBSCRIBING, YOU AGREE TO PAY THE MONTHLY AND/OR ANNUAL SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH IN ACCORDANCE WITH YOUR SELECTED SUBSCRIPTION.
WHEN YOU REGISTER FOR A SUBSCRIPTION, WHETHER MONTHLY OR ANNUAL, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WEPA!BOX (OR OUR EXTERNAL PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAX AND OTHER CHARGES), ACCORDING TO THE PAYMENT TERMS OF THE SELECTED SUBSCRIPTION.
Any claim related to the loss of a WEPA!BOX already sent by us, must be made by you directly to the United States Postal Service, using the tracking number provided by WEPA!BOX in the confirmation email you will receive when an Order of our Products is shipped. For Monthly and/or Annual Subscriptions, you will receive a monthly email confirming the shipment of your monthly WEPA!BOX, which in turn will include the corresponding tracking number. If for any reason you do not receive this notification, you can request the tracking number of your Order at any time by sending us an email to firstname.lastname@example.org with your request.
WEPA! BOX ships worldwide, with the exception of the following countries:
For the purposes of these Terms and Conditions, any shipment to the United States of America or any of its territories will be considered a “Domestic” shipping. All other shipments to any other country (with the exception of the countries listed above, where no shipping is available) will be considered as an “International” shipment.
5.2 Monthly Subscription
As part of your monthly subscription (“Monthly Subscription”) you as a customer will be receiving a box with an assortment of Products as described in Section 5.1 of these Terms and Conditions of Use. The monthly WEPA!BOX price is $39.99 per month, payable on the 1st day of each month. This price does not include shipping and handling costs and other expenses related to the shipment of your WEPA!BOX. See section 5.6 for information related to these costs. The Monthly subscription is automatically renewed every month. Therefore, your monthly subscription will remain in force, and WEPA!BOX will be authorized to continue charging you for your Monthly Subscription, until you cancel it or we suspend or stop providing you access to the Website or the Products, in accordance with these Terms and Conditions. The WEPA!BOX is sent on the 20th day of each month after your subscription. In those cases where the 20th day falls on a Sunday, the box will be sent on the 21st day of the same month. In the event that the 20th day falls on a holiday, we will proceed to send your box WEPA!BOX on the next business day (“Shipping Date). The approximate delivery time of a WEPA!BOX to a Domestic destination is of 3 to 5 working days from the Shipping Date. The approximate delivery time of a WEPA!BOX to an International destination is of 4 to 8 working days from the Shipping Date.
Remember that the boxes are sent by mail on the 20th of each month. If there is a change, it will be announced through social networks and/or by email. You can subscribe at any moment, but all subscriptions for the current month must be received before the 18th of the month. Subscriptions received after that day will receive the box assigned for the next month. All subscriptions are renewed and are charged automatically on the first day of each month. The subscriber may cancel the Monthly Subscription at any time by entering wepabox.com using the username and password and following the instructions for cancelling a subscription before the 1st day of each month. Otherwise WEPA!BOX will proceed to charge for the Subscription applicable to the following month. If you have any questions about your Subscription, you can write to email@example.com and we will gladly provide you with help.
5.3 Annual Subscription
As part of your annual subscription (“Annual Subscription”), you will be receiving a monthly WEPA!BOX for twelve (12) consecutive months, as of the day of your Annual Subscription to the Service. The WEPA!BOX is sent on the 20th day of each month after your subscription. In those cases where the 20th day falls on a Sunday, the box will be sent on the 21st day of the same month. In the event that the 20th day falls on a holiday, we will proceed to send your WEPA!BOX on the next business day (“Shipping Date). The approximate delivery time of a WEPA!BOX to a Domestic destination is of 3 to 5 working days from the Shipping Date. The approximate delivery time of a WEPA!BOX to an International destination is of 4 to 8 working days from the Shipping Date. Each WEPA!BOX will include different Products as described in Section 5.1 of these Terms and Conditions of Use. The price of the Annual Subscription is $359.88 payable in one payment at the time of subscription. The annual subscription renews automatically once the original subscription term, or any subsequent term, expires and the service will be continued without any need to complete the subscription process again.
5.4 Cancellation Policy
The subscriber can cancel the Monthly Subscription at any time by sending an email to firstname.lastname@example.org before the 1st day of each month. Otherwise WEPA!BOX will proceed to charge for the Subscription applicable to the following month. Cancellations will not be accepted by telephone. No refund will be made or money will be sent in exchange for the cancellation of your Subscription. You will be responsible for all charges (including taxes and other applicable charges) incurred with respect to any subscription processed prior to the cancellation of your Subscription.
Annual Subscriptions cannot be cancelled. You must review your order carefully before placing an order. Once the order for an Annual Subscription is confirmed and the Annual Subscription price is paid, WEPA!BOX will not refund the price of such Subscription unless WEPA!BOX cancels or cannot fulfill your order, in which case, WEPA!BOX will provide a refund of all or part of the price of the subscription depending on whether you received boxes previously during your subscription.
In the event that you cancel your subscription or that your Annual Subscription expires, please note that we can still send promotional communications about WEPA!BOX, unless you choose not to receive such communications by pressing the “Unsubscribe” button that will be available on all emails with promotional or advertising content that you receive from WEPA!BOX and that you follow the instructions provided through said link.
5.5. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Subscription or other purchase (including any applicable taxes, shipping and handling costs and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you wish to change or update your payment method information, you may do so at any time by accessing your selected external payment processor account (you can choose between Pay Pal or Stripe). On the other hand, if you wish to change or update your billing address information or shipping information, manage your Subscription, examine your order history, active subscriptions, and other notes, you may do so by logging into your WEPA!BOX Account. Any change in credit card numbers must be made through the external payment processor selected by you to make any payment in WEPA!BOX. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription (cancellation option is only applicable to Monthly subscriptions), you remain responsible for any uncollected amounts and authorize us to continue billing the corresponding amount.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription or changes in applicable taxes, rates and shipping costs, or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
5.6 Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes through an email sent to the email address provided by you when creating an Account in WEPA!BOX. We will not, however, be able to notify you of changes in any applicable taxes or any modifications on shipping costs or rates as disposed by the United States Postal Service. The shipment of any Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the Cancellation Policy set forth in Sections 5.4 of this Terms and Conditions of Use.
Prices detailed in sections 5.2 and 5.3 of these Terms and Conditions of Use do not include charges for taxes, duties, shipping and handling, or other charges applicable to the shipping/delivery of a WEPA!BOX. Please note that there is a possibility that fees/taxes may apply to your Order depending on the selected country of destination for your WEPA!BOX. These charges would be applicable to each shipment of a WEPA!BOX. Also, bear in mind that the final price to be paid by you may vary depending on the shipping and handling costs charged by our shipping service provider, United States Postal Service (“USPS”). Once you indicate the address to which you wish to send a WEPA!BOX, the Website will calculate the shipping and handling costs prior to processing any payment.
Also, laws or regulations applicable in certain countries require the collection of certain fees and/or taxes at the time of delivery of a package or article. WEPA!BOX is not responsible for paying these fees/taxes. Your refusal to pay these fees/taxes may result in the package being returned to WEPA!BOX. If this is the case, our ability to resend or reimburse an Order would only be viable if the WEPA!BOX is returned to our facilities.
In turn, keep in mind that buying or making an Order with a different currency can generate conversion rates and higher/lower amounts depending on the value of your currency compared to the US dollar.
5.7. Return Policy
WEPA!BOX does not accept returns of boxes or any individual Product contained therein. All sales are final. All boxes and products are checked before being packed and shipped, and although WEPA!BOX strives to ensure that the box and the Products contained in it are in good condition, they can be damaged during the shipping process. If you understand that you have received a damaged or defective product as part of your WEPA!BOX, you must send an email to email@example.com, with your request, including in it photographs of the product that you believe is damaged or defective. This request must be made within a period no longer than 3 days after the date on which you receive the box. If this period elapses, no return request will be processed. It will be the decision of WEPA!BOX to decide whether or not to replace the product with a new one based on your request and the received photographs. It will be the responsibility of the subscriber to pay the shipping and handling costs of sending a defective or damaged Product to the WEPA!BOX address. No product should be returned until WEPA!BOX has confirmed that a return process has been approved. No used Products will be replaced. In the event that WEPA!BOX decides to make a replacement for understanding that the product is indeed damaged or defective, it will send you a new product within an approximate period of 5 to 8 business days from the receipt of the defective or damaged product in the WEPA!BOX address. All shipping and handling costs for sending the new product to a Domestic location will be covered by WEPA!BOX. All shipping and handling costs for sending the new product to an International location shall be covered by you. All shipping will be made to the address provided by you when an Order was made. If the same product is not available WEPA!BOX will send you a similar product of equal or greater value to the one returned by you. At no time will a new box be sent.
You may be charged with sales taxes when applicable.
If you are not at home when your Order arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your Order is not feasible, you will be notified of such delay to the email address provided in your WEPA!BOX Account, along with a new delivery date (“Notification of Delay”). However, you will have the option to cancel your Order for the period affected and that a credit is issued to your next Order or to receive a full refund of the cost corresponding to the box that could not be delivered in a timely manner. If a refund is requested for a delayed box on an Annual Subscription, you will be reimbursed with the cost corresponding to a single box in the Annual Subscription, that is $29.99. Credits are only available if you maintain an active Subscription in WEPA!BOX. This means that if you cancel your Subscription to WEPA!BOX, any outstanding credit associated with your canceled subscription will expire immediately. All decisions related to your credit balance will be determined in our sole discretion and are final. Any refund will be made through the same payment method used to make an Order. If you do not respond to our Notice of Delay and the delay is 30 days or less, it will be understood that you accept the delay and are willing to wait for the Products. However, if you do not respond, and the delay is more than 30 days, we will cancel the delayed Order and you will receive a refund after you request it. To request your refund you must write us an email to firstname.lastname@example.org along with your request. If we do not receive your refund request, we will not be able to process any refund.
5.10 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
6. PRECISION OF INFORMATION:
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may be related to promotions and offers. We reserve the right to correct any error, inaccuracy or omission, and change or update the information or cancel orders if any information on the Website or any related Service is incorrect at any time, without notice (even after sending you an Order). We do not assume any obligation to update, modify or clarify the information on the Website, including, among others, the price information, except when required by law. No specified update or update date applied to the Website should be taken to indicate that all information on the Website or any related service has been modified or updated
7. LICENSE TO ACCESS AND USE OUR SITES AND CONTENT:
Unless otherwise indicated in writing by us, the Website and all content and other materials contained therein, including, without limitation, the WEPA!BOX logo and all designs, text, graphics, pictures, information, data, software, sound files, or other files and the selection and arrangement thereof (collectively, “Content”) are property of WEPA!BOX or our licensors, as applicable, and are protected by U.S., Puerto Rico and International copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Website and Content. However, such license is subject to these Terms and Conditions and does not include any right to (a) sell, resell or use commercially the Website or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Website or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Website or Content, except as expressly permitted by us, and (f) use the Website or Content other than for their intended purposes. Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of WEPA!BOX or any third party. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Website and Content may include software components provided by WEPA!BOX or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
8. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS:
In accordance with Federal and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Website infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: PR Island Export LLC
Address: 365 Ave Escorial Urb Caparra Heights San Juan PR 00920-3508
Email: email@example.com (Please include the topic of your question or request as part of the email “subject”).
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“WEPA!BOX,” the WEPA!BOX logo and any other WEPA!BOX, logos or slogans that may appear on the Website or Products are trademarks of WEPA!BOX and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “WEPA!BOX” or any other name, trademark or Product or service name of WEPA!BOX without our prior written permission. In addition, the look and feel of the Website and the WEPA!BOX box, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of WEPA!BOX and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Website or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by WEPA!BOX.
10. THIRD PARTY CONTENT:
We may display and third-party content, advertising and/or promotions through the Website or with the Products (collectively, “Third-party Content”). We do not control, endorse or adopt any Third Party Content, and make no representation or warranty of any kind with respect to such Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that your interactions with third parties that provide Third Party Content are solely between you and such Third Parties.
11. LINKS TO THIRD PARTY WEBSITES
The Website may contain links that may direct you to websites of third parties that are not affiliated to us. We are not responsible for examining and/or evaluating the content, accuracy, and/or reliability of a third party website. We also do not guarantee the accuracy, integrity, or suitability of the content or products offered through a third-party website. We are not responsible for any loss or damage related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third party websites. Carefully review the policies and practices of third parties and make sure you understand them before participating in any transaction. Complaints, concerns or questions about products or services of third parties should be addressed directly to the third party.
By using the Website or subscribing to our Services, you agree to abide by the strict application of these Terms and Conditions of Use and agree that any decision made by PR Island Export LLC and its agents is final and binding. By using the Website, Services and/or Products, you, or your successors, voluntarily assume all responsibility and risk and agree to: defend, relieve, indemnify and hold harmless (collectively “Exonerate”), PR Island Export LLC, its parent companies, subsidiaries, affiliates, agents, advertising and promotion agencies and their respective officers, directors, shareholders, employees, representatives, agents and any other entity directly related to the Website, the Content, the Services and/or the Products offered through the Website (hereinafter, collectively the “Relieved Entities”) of all and any liability, claim, action, complaint, accident, loss, damages, including without limitation for personal injury (including disability, loss of income and death) and damage to property, cost and expenses (including attorney’s fees) that arise from (a) any use or misuse of the Website, the Content or the Products, either by you or any third party that you authorize to access or use your account on the Website, the Content or Products offered through the Website or any third party to whom you send Products, (b) that arise as a result of your use, possession, handling and/or consumption of any of the Products included in your WEPA!BOX; or (c) the use of your computer/equipment to access the Website. In addition, you (ii) Exonerate the Relieved Entities for any typographical, technical or human error, including but not limited to errors of advertising, printing, errors in these Terms and Conditions of Use, or inaccurate, incomplete, illegible or incorrect information that may result in problems, errors or delays of notification, verification, or use of the Website and its Services and (iii) Exonerates the Relieved Entities for any human or technical error, defects, delays, failures, congestion, fraud, unauthorized intervention ( including “hacking”) or other failures in network connections, lines, servers, lines, on the Internet, antennas, satellites, telephones, computer (s), fixed and wireless equipment, hardware, software, errors programming, virus problems and computer bugs, or other defects or technical failures that result in transmissions/ communications/ notifications/ or that in any other way limit the user’s ability to access the Website, or use the Services.
WE DO NOT MANUFACTURE OR PROCESS THE PRODUCTS THAT ARE INCLUDED AS PART OF YOUR WEPA!BOX. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ANY ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING ANY EDIBLE PRODUCT. READ THE LABELS AND NUTRITIONAL DATA OF ANY PRODUCT CAREFULLY BEFORE OPENING, HANDLING, PREPARING, USING AND CONSUMING THE PRODUCTS. ANY DISCOUNT COUPON OR CERTIFICATE INCLUDED IN YOUR WEPA!BOX IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED BY ITS SUPPLIER. YOU ARE SOLELY RESPONSIBLE FOR KNOWING AND FULFILLING THE TERMS AND CONDITIONS PROVIDED BY THE SUPPLIER OF A SERVICE OR DISCOUNT. PLEASE MAKE SURE YOU CAREFULLY READ THE TERMS AND CONDITIONS OF ANY COUPON OR DISCOUNT CERTIFICATE WHEN RECEIVING YOUR WEPA! BOX AND/OR BEFORE REDEEMING ANY COUPON OR CERTIFICATE.
IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER, OR OTHERWISE IN THE PROCESSING OR DELIVERING OF AN ORDER, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE A CREDIT ACCORDING TO THE INFORMATION REGARDING CREDITS PROVIDED IN SECTION 5.9 OF THESE TERMS AND CONDITIONS OF USE.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PR ISLAND EXPORT LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT MAY ARISE FROM THE COMMERCIAL O PERSONAL USE OF A PARTICULAR PRODUCT.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
14. LIMITATION OF LIABILITY; RELEASE:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PR ISLAND EXPORT, LLC OR THE RELEIVED ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM WEPA!BOX, OR FROM EVENTS BEYOND PR ISLAND EXPORT, LLC REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WEPA!BOX RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE RELEIVED ENTITIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS OR SERVICES AVAILABLE IN THE WEPA!BOX WEBSITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS AND/OR SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE RELIEVED ENTITIES SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of exclusion for incidental or consequential damages. Therefore, some of the limitations included in section 14 of these Terms and Conditions may not apply to you.
16. APPLICABLE LAW; DISPUTE RESOLUTION; SEPARABILITY:
All agreements contained in these Terms and Conditions of Use are subject to all applicable laws and regulations in the Commonwealth of Puerto Rico, as well as federal laws. By using the Website or the Services, you acknowledge and accept all the terms and conditions of these Terms and Conditions of Use and also acknowledge and agree to be submitted solely and exclusively to the applicable laws and regulations of the Commonwealth of Puerto Rico, and any federal law and regulation of the United States of America.
Any question or question that arises regarding the construction, validity, interpretation and enforceability of these Terms and Conditions, or of your rights and obligations in connection with the Website, the Content, the Services and/or Products, will be governed by, and construed in accordance with, the laws of the Commonwealth of Puerto Rico. If any provision of these Terms and Conditions of Use or the application of any provision to any person or circumstance is declared invalid, unenforceable or void, such decision shall not have the effect of invalidating or nullifying the remainder of these Terms and Conditions of Use.
All disputes that arise in relation to these Terms and Conditions of Use or related to the Content, Services or Products offered through the Website will be resolved through an arbitration conducted in the Commonwealth of Puerto Rico. The parties shall equally pay for the costs of the arbitration (except that the winning party shall be entitled to an allotment of reasonable attorneys’ fees incurred in connection with the arbitration in the amount determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall have the right to request precautionary, security or other equitable remedies from the federal and state courts located in the Commonwealth of Puerto Rico. Under no circumstances will the arbitrator be authorized to award punitive damages, including, but not limited to, federal or state statutes that allow adjudications of multiple or punitive damages. Any alleged award of punitive or multiple damages will exceed the authority of the arbitrator, and will be null and void. BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO A COURT TO ADDRESS YOUR CLAIM. BY USING THE WEBSITE, THE SERVICES, THE CONTENT AND/OR THE PRODUCTS YOU VOLUNTARILY SUBJECT YOURSELF TO THE JURISDICTION OF THE COMMONWEALTH OF PUERTO RICO. IF FOR ANY REASON AN ISSUE CANNOT BE SERVED THROUGH ARBITRATION THE SAME WILL BE ATTENDED IN A STATE OR FEDERAL COURT OF THE COMMONWEALTH OF PUERTO RICO, SPECIFICALLY IN SAN JUAN.
These Terms constitute the entire agreement between you and PR Island Export, LLC relating to your access to and use of the Website and your Order, receipt and use of the Products. These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of PR Island Export, LLC. No waiver of any provision of these Terms and Conditions of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and PR Island Export, LLC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.