Service Policy
Overview
This website is operated by website address. Throughout the site, “weisikai”, “weisikai.com” and “www.weisikai.com” refers to this website, including all information, tools and services available from this site to you, conditioned on your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, suppliers, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use the site.
You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms or viruses or any destructive code.
A breach or violation of any of the terms will result in an immediate termination of your service.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if the information made available on the Site is not accurate, complete or current. The material on the Site is provided for general reference only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 4 – Modifications to Services and Prices
The prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Dispute Resolution and Arbitration Agreement (“Arbitration Agreement”)
Informal Dispute Resolution
We hope that we will never have a dispute with you. And, if we do, we hope to resolve it efficiently, promptly, and cost-effectively. If we are unable to resolve a dispute, you and Weisikai agree to the following dispute resolution procedure:
In the event of any dispute, claim, action or controversy between you and Weisikai LLC arising out of or relating to your use of the Site, the Services, any purchases or transactions you make at the Weisikai store, or the breach, enforcement, interpretation or verification of these Terms of Service or any part thereof (a “Dispute”), the party asserting the Dispute shall first attempt in good faith to resolve such Dispute by providing the other party with written notice (by first class or registered mail) describing the facts and circumstances of the Dispute (including any relevant documents) and allowing the receiving party 60 days from the date of receipt of the notice (which period may be extended by written agreement of the parties) to respond to or attempt to resolve the Dispute.
You and Weisikai each agree that this dispute resolution procedure is a condition precedent to initiating any arbitration or bringing any claim against the other party.
While parties are participating in this informal dispute resolution process, the statute of limitations and any filing fee deadlines shall be suspended from the date you send your notice of the Dispute.
Your notice of dispute should be sent to Weisikai at:
Weisikai
Attn: “Informal Dispute Resolution”
62 Portland Rd. STE. 25A,
Kennebunk, ME 04043
Notices will be sent to your last used billing address, or the billing or shipping address in your online profile.
Binding Arbitration Agreement
You and we further agree that if we cannot reach an agreement to resolve a dispute through the informal dispute resolution process described above within 60 days, the dispute must be resolved by binding individual arbitration. You and Weisikai agree to waive (i.e. give up) your and our rights to bring a lawsuit and assert or defend your or our rights under the Terms of Service, your and our rights to go to court or a jury trial, and your or our rights to sue in court for any Dispute.
You and we agree that the arbitration shall be conducted before the American Arbitration Association (AAA) and in accordance with the AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA website at www.adr.org. If there is a conflict between this Arbitration Agreement and the AAA Rules, this Arbitration Agreement shall control. If the AAA is unable or unwilling to hear the Dispute, the parties shall agree on another arbitration provider. If the parties cannot agree on a provider, a court of competent jurisdiction shall select a provider to conduct the arbitration in accordance with this Arbitration Agreement.
Special Procedures for Class Arbitrations: You further agree that if your arbitration claim is brought concurrently or sequentially with other similar claims by the same, related, or coordinated counsel, you agree that your claim shall be temporarily stayed or conducted in stages to allow the AAA or other arbitration provider to establish efficient and fair adjudication procedures (such as those set forth in the AAA Multi-Consumer Case Filing Fee Schedule and Supplemental Rules). A court of competent jurisdiction shall have the power to enforce this paragraph and, if necessary, enjoin class-action arbitration claims against Weisikai. If a court of competent jurisdiction declines to enforce these “Special Procedures for Class Arbitrations,” you and we agree that your and our counsel shall participate in good faith, with the assistance of the procedural arbitrator, to design and implement procedures to ensure that the arbitration remains efficient and cost-effective for all parties. Either party may cooperate with the AAA or other designated arbitrator, as appropriate, to resolve issues related to reduced arbitration costs.
You and we further agree that this arbitration agreement is governed by the Federal Arbitration Act (“FAA”). This arbitration agreement shall be interpreted, construed, and enforced in accordance with 9 USC §§1-16 of the Federal Arbitration Act.
You and we agree that a single neutral arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, validity, or enforceability of this arbitration agreement, including determining the scope or applicability of this arbitration agreement. You and we agree that the arbitrator shall have exclusive authority to determine the arbitrability of any dispute. You and we agree that the arbitrator will decide our dispute and that the arbitrator’s decision will be final, except for limited rights of appeal under the FAA.
Initiating an Arbitration
You may initiate arbitration in connection with a Dispute by filing a Demand with the AAA and notifying Weisikai in writing that the notice is as follows:
Weisikai
Attn: Title, “Demand for Arbitration”
62 Portland Rd. STE. 25A,
Kennebunk, ME 04043
Arbitration Fees
The payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. Weisikai will promptly reimburse you for filing fees (not including AAA fees or arbitrator fees) incurred by you in connection with any arbitration proceeding you initiate. If you initiate arbitration, we may recover AAA fees or arbitrator fees, or filing fees that we reimburse, if the arbitrator finds that the arbitration is frivolous or that you initiated the arbitration in bad faith or for an improper purpose (as measured by the standards of Rule 11 of the Federal Rules of Civil Procedure). If we initiate arbitration, we will pay the AAA and arbitrator fees in all cases. We will not seek our attorneys’ fees or expenses from you in any arbitration.
Arbitration Hearings
With the consent of the parties, arbitration hearings may be conducted solely on the basis of written submissions or by telephone or electronic means (including virtually through Zoom or similar platforms), or at another location agreed upon by the parties pursuant to the AAA Rules. If the parties cannot agree, the arbitrator shall determine the manner and location of the arbitration.
Small Claims Court Selection
In addition to arbitration, you may seek to resolve a Dispute in small claims court, subject to applicable jurisdictional and monetary limitations, as long as the Dispute is brought and maintained as an individual claim. Such small claims litigation shall be your exclusive procedure and remedy for resolving Disputes. In all cases, Weisikai will be subject to binding arbitration.