WTD Now Terms of Service
Effective Date: April 14, 2025
Section 19 of these terms of service (the “Terms”) contains an arbitration agreement and
class action waiver that apply to all claims brought against WTD Now in the United States.
Please read them carefully.
Thank you for using WTD Now!
In these Terms, “we”, “us”, “our” or
“WTD Now” refer to WTD Now, Inc., a Delaware corporation,
located at
5201 Great America Pkwy.,Suite 320,
Santa Clara, CA 95054
USA
“You” refers to you, a person using our
Service. These Terms
apply to the websites, applications, systems, social media accounts, and other services
(collectively, the "Services" or “WTD Now Platform”) made
available by us.
These Terms are a binding legal agreement between you and WTD Now that govern the right to use
the Services from WTD Now Platform. The WTD Now Platform enables users
(“Members”) to publish,
offer, search for, and book services. Members who publish and offer services are individually,
“Host” and collectively, “Hosts” and Members who search for,
book, or use services are “Guests.”
Hosts offer local insights, curated recommendations, and events
(“Experiences”), and other
services (collectively, “Host Services,” and each “Host
Services” offering, a “Listing”). As the
provider of the WTD Now Platform, WTD Now (or its affiliates) does not own, control, offer or
manage any Listings or Host Services. WTD Now is not a party to the contracts entered into
directly between Hosts and Guests. WTD Now is not acting as an agent in any capacity for any
Member, except as specified in these Terms.
The documents referred to within these Terms include but are not limited to our:
Table of Contents
-
Searching and Booking on WTD Now
- Searching
- Booking
- Reservation
- Reservations for Experiences and Other
Services
-
Guest Cancellations, Reservation Issues, Refunds
and Booking Modifications
- Cancellations, Order Issues, and
Refunds
- Booking and Order Modifications
-
Your Responsibilities and
Assumption of Risk
- Your Responsibilities
- Your Assumption of Risk
-
Providing Host Services on WTD Now
- Host
- Contracting with Guests
- Independence of Hosts
-
Managing Your Listing
- Creating and Managing Your Listing
- Know Your Legal Obligations
- Search Results
- Your Responsibilities
- Hosting as a Team or Organization
- Your Assumption of Risk
-
Host Cancellations,
Reservation Issues, and Booking Modifications
- Cancellations and Reservation
Issues
- Host Booking Modifications
-
Taxes
- Hosts’ Taxes
- Collection and Remittance by WTD Now
- Tax Information
-
General Terms
- Reviews
- Content
-
Fees and Payment
- Fees
- Payment Terms
- Payment Method
-
WTD Now Platform Rules
- Rules
- Reporting Violations
- Copyright and Intellectual Property
-
Termination, Suspension, and Other Measures
- Term
- Termination
- Violations and Consequences
- Legal Compliance
- Effect of Termination
- Survival
- Modification
- Resolving Complaints and Damage Reports
- WTD Now’s Role
- Member Accounts
- Disclaimer of Warranties
- Limitations on Liability
- Indemnification
- Governing Law and Venue
-
Arbitration Agreement
- Amendment to Agreement to Arbitrate
- Survival
Guest Terms
1. Searching and Booking on WTD Now
1.1. Searching
You can search for Host Services by using criteria like the type of Host Service, type of
listing, dining experience, location, dates, and number of guests. You can also use
filters to refine your search results. Search results are based on their relevance to
your search and other criteria. Relevance considers factors like price, availability,
reviews, customer service and cancellation history, popularity, previous visits and
saved Listings, Host requirements (e.g. maximum guest size), and more.
1.2. Booking
When you book a Listing, you are agreeing to pay all charges for your booking including
the Listing price, applicable fees like WTD Now’s service fee, offline fees, taxes, and
any other items identified during checkout (collectively, “Total
Price”). If you choose
to pay using a currency that differs from the currency set by the Host for their
Listing, the price displayed to you is based on a currency conversion rate determined by
us. You are also agreeing that WTD Now ay charge the Payment Method (as defined in
Section 9) used to book the Listing in order to collect Damage Report (as defined in
Section 13) amounts.
1.3. Reservation
When you receive the booking confirmation, a contract for Host Services (a "Reservation")
is formed directly between you and the Host. By making a Reservation you are agreeing to
the terms of the contract. The terms of the contract include these Terms, all terms of
the Reservation, including without limitation, the cancellation policy and any other
rules, standards, policies, or requirements identified in the Listing or during checkout
that apply to the Reservation. It is your responsibility to read and understand these
terms of the contract including these Terms and all terms of the Reservation including
all rules, standards, policies, and requirements prior to booking a Listing.
A Reservation grants a limited right to access and use the reserved service at the
specified time and location. The Host retains the right to manage access to their
establishment to ensure compliance with their policies and applicable laws. You may not
exceed the number of guests you included in your Reservation, unless specifically
allowed by the Host.
1.4. Reservations for Experiences and Other Services
A Reservation for an Experience or other Host Services through WTD Platform grants you
the right to participate in, attend, or use the booked Host Service. You are responsible
for ensuring that you and any accompanying guests meet any applicable age, skill level,
fitness, or other eligibility requirements. It is your responsibility to inform the Host
of any medical conditions, physical limitations, or other factors that may affect
participation.
Unless expressly permitted, only Guests included in the reservation at the time of
booking may participate in the Experience or service.
2. Guest Cancellations, Reservation Issues, Refunds and Booking Modifications
2.1. Cancellations, Order Issues, and Refunds
In general, if you cancel a Reservation, pre-order, or order, the refund amount will be
determined by the Host’s cancellation policy. If you do not check in within fifteen (15)
minutes of the Reservation time, the Host may cancel your Reservation in accordance with
their policies. Reservations are subject to availability, and the Host may adjust or
cancel Reservations in cases of unforeseen circumstances.
Different refund policies may apply depending on the type of service. For example,
pre-orders for food or beverages may have different refund rules compared to standard
reservations. Please refer to the specific Host’s policy for details on eligibility and
applicable refunds.
You may appeal a decision by the Host by contacting our customer support team.
2.2. Booking and Order Modifications
Guests and Hosts are responsible for any modifications to Host Services and Reservations
they agree to make through the WTD Platform or request via WTD Now customer support
(“Booking Modifications”). This includes changes to reservations,
pre-orders, orders, or
pickups. Guests agree to pay any additional amounts, fees, or taxes associated with such
Booking Modifications by Guests. Hosts may have their own policies regarding
modifications, and availability of Host Services is not guaranteed.
3. Your Responsibilities and Assumption of Risk
3.1. Your Responsibilities
You are responsible for your own actions and omissions, as well as those of anyone you
invite to join or provide access to any reserved service, venue, or experience through
WTD Now. This includes restaurants, spas, bars, wineries, and other service locations.
For example, this means:
- (i) You are responsible for leaving any venue, facility, or personal property in the
condition it was in when you arrived.
- (ii) You are responsible for paying any reasonable fees for damages, losses, or
additional charges incurred due to your actions.
- (iii) You must act with integrity, treat Hosts and staff with respect, and comply
with all applicable laws and venue policies.
If you make a reservation, pre-order, or booking on behalf of additional guests, you are
responsible for ensuring that all guests meet any requirements set by the Host and that
they are aware of and agree to the applicable terms, conditions, rules, and
restrictions.
If you book a service for a minor or bring a minor to a venue, you must be legally
authorized to act on their behalf and are solely responsible for their supervision.
You are not responsible for the actions of Host you book through WTD Now.
3.2. Your Assumption of Risk
You acknowledge that participating in activities, dining experiences, wellness services,
and other Host Services available through WTD Now carries inherent risks. To the maximum
extent permitted by applicable law, you assume all risks arising from your access to and
use of the WTD Platform and any related services, including reservations, pre-orders,
in-person experiences, and any interactions with Host or other guests, whether online or
in person.
It is your responsibility to evaluate whether a service is suitable for you before
participating. For example, certain services may carry risks of illness, allergic
reactions, bodily injury, disability, or other health-related concerns. By choosing to
participate, you freely and willingly assume those risks.
4. Providing Host Services on WTD Now
4.1. Host
As a Host on WTD Now, you have the right to use the WTD Platform to offer your restaurant,
bar, coffee shop, spa, winery, or other services to a broad community of guests— allowing
you to attract customers and grow your business. Creating a Listing is simple, and you
maintain full control over your pricing, availability, menu offerings, policies, and service
rules.
4.2. Contracting with Guests
When you accept a reservation, pre-order, or order through WTD Now Platform, you enter into a
direct contract with the Guest and are responsible for fulfilling the service as described
in your Listing. You also agree to pay applicable WTD Now Platform fees and any required
taxes. WTD Now may deduct any applicable fees from your payouts unless an alternative
payment arrangement is agreed upon. Any additional terms or conditions you set for Guests
must:
- (i) Be consistent with these Terms.
- (ii) Be clearly disclosed in your Listing description before the Guest completes a
booking or order.
4.3. Independence of Hosts
Your relationship with WTD Now is that of an independent business or entity, not an employee,
agent, joint ventures, or partner of WTD Now WTD Now does not direct or control how you
provide your services—you have full discretion over when and how to operate your business,
including setting your prices, service hours, and customer policies.
5. Managing Your Listing
5.1. Creating and Managing Your Listing
The WTD Now platform provides tools to help you create and manage your Listing effortlessly.
Your Listing must include accurate and complete details about your service, including
pricing (with any additional fees), availability, and any rules or requirements applicable
to guests. You are responsible for updating your Listing regularly, ensuring all
information, including images and availability, remains accurate.
Additionally, you are responsible for obtaining the necessary insurance for your services
and reviewing policy terms, coverage details, and exclusions. You may create multiple
Listings for different service offerings within the same location, provided they represent
distinct experiences (e.g., dine-in, takeaway, special events).
5.2. Know Your Legal Obligations
As a service provider, you are responsible for understanding and complying with all
applicable laws, regulations, and agreements relevant to your business operations. This
includes:
- Health, safety, and food service regulations for restaurants, bars, coffee shops, and
wineries.
- Licensing and permits required for serving alcohol, operating a spa, or providing
wellness services.
- Compliance with tax obligations, employment laws, and data protection regulations for
handling customer information.
- Local business requirements, such as zoning laws or operational permits.
WTD Now provides general information about legal obligations, but you should independently
verify and seek legal advice if necessary. You are also responsible for handling guest data
in accordance with applicable privacy laws and WTD Now’s privacy standards.
5.3. Search Results
The ranking of your listing in WTD Now’s search results is based on several factors,
including:
- Guest search criteria (e.g., location, price range, availability, and service type).
- Listing details (e.g., pricing, images, reviews, service type, provider status, and
guest engagement).
- Guest experience (e.g., service quality, cancellation history, and ease of booking).
- Provider requirements (e.g., order cut-off times, minimum/maximum bookings).
- Guest preferences and history (e.g., previous orders, saved listings, search behavior).
Search rankings may vary between WTD Now’s mobile app and website, and Hosts may have
options to promote their listings for greater visibility by paying an additional fee.
5.4. Your Responsibilities
As a Host, you are responsible for:
- Managing your listing, including pricing, availability, and service terms.
- Clearly stating any additional fees or charges in your listing.
- Ensuring all mandatory charges are included in the price breakdown displayed to guests.
- Complying with WTD Now’s policies, including restrictions on collecting payments outside
the WTD Now Platform.
You may not encourage Guests to complete transactions, provide personal contact information,
submit reviews,
or create third-party accounts outside of the WTD Now Platform in violation of its policies.
5.5. Hosting as a Team or Organization
If you operate your business as a team, partnership, or organization, you are responsible
for
ensuring that all individuals involved in providing services comply with WTD Now’s Terms.
You also confirm that you have the authority to enter into agreements on behalf of your
business.
If you request payouts to be shared with co-owners, employees, or third parties,
you are responsible for the accuracy and authorization of those transactions.
5.6. Your Assumption of Risk
You acknowledge that providing Host Services through WTD Now Platform carries inherent
risks,
and you assume full responsibility for any risks associated with your business operations.
This includes interactions with guests, compliance with legal obligations, and operational
challenges.
You agree that you have had the opportunity to review and understand WTD Now Platform and
any applicable laws
or regulations related to your Host Services and are not relying on WTD Now for legal
advice.
6. Host Cancellations, Reservation Issues, and Booking Modifications
6.1. Cancellations and Reservation Issues
If a Guest cancels a pre-order, reservation, or pickup order, the amount you receive will be
determined by the cancellation policy that applies to that order. As a Host, you should not
cancel on a Guest without a valid reason, as determined by WTD Now. If you cancel an order
or reservation without a valid reason, WTD Now may impose penalties, such as a cancellation
fee, temporary listing suspension, or other consequences.
If a Guest experiences issues due to the Host, then the Guest may be eligible for a refund.
Reservation issues include, but are not limited to:
- Host cancels the Reservation
- Host fails to deliver or fulfill the Experience
- Host arrives more than 15 minutes late to the Experience causing the Guest to abandon
the experience
- Experience presents or entails a safety or health hazard that would reasonably be
expected to adversely affect a Guest’s participation
- The actual Experience materially deviates from the Experience as described at the time
of booking on the WTD Now Platform
The Guest must report any Reservation Issues within 72 hours to WTD Now. The amount refunded
depends on the severity of the experience issue, the impact on the Guest, how the Experience
was affected, and whether the Guest was able to attend and participate in the Experience.
The payout you as the Host receive may be adjusted to cover refunds issued to the Guest and
any reasonable costs WTD Now incurs as a result of the cancellation. If a Guest is refunded
after you have already been paid, or if the refund amount exceeds your payout, WTD Now may
recover the amount by deducting it from future payouts.
WTD Now’s Terms take precedence over your individual cancellation policies
when they allow
for cancellations or refunds. If we anticipate issuing a refund under these policies, we may
delay the release of any payout related to that transaction until a refund decision is
finalized.
Certain categories of services may have specific cancellation policies, such as event
bookings, catering services, or spa appointments.
6.2. Host Booking Modifications
Hosts and Guests are responsible for any modifications they agree to make through the WTD
Now Platform or via WTD Now customer support. Any changes to an order, reservation, or
pickup request may result in additional fees, taxes, or adjustments, which the Guest and
Host must agree to before the modification is finalized.
7. Taxes
7.1. Hosts’ Taxes
As a Host on WTD Now Platform, you are responsible for determining and fulfilling your tax
obligations under applicable laws, including reporting, collecting, remitting, or
incorporating in your prices any applicable
Value Added Tax (VAT), sales tax, service tax,
occupancy tax, income tax, or any other required taxes
(“Taxes”). It is your responsibility
to ensure compliance with all local tax regulations related to your business.
7.2. Collection and Remittance by WTD Now
In certain jurisdictions, WTD Now may facilitate the collection and/or remittance of
applicable taxes on behalf of Hosts. If WTD Now collects and/or remits taxes
for you, you
authorize WTD Now to do so and acknowledge that any such taxes will be reflected in your
transaction records.
If the amount collected is insufficient to cover your tax obligations, you may be required
to pay the difference, including via deductions from future payouts. Your sole remedy for
any collected taxes is to seek a refund directly from the applicable tax authority. WTD Now
reserves the right, with prior notice, to modify or cease tax collection and remittance
services in any jurisdiction.
8. General Terms
8.1. Reviews
After each service transaction, both Guests and Hosts will have the opportunity to leave a
review. Reviews must be accurate and must not contain discriminatory, offensive,
defamatory,
or misleading language. Reviews should comply with WTD Now’s Content
Policy and Review Policy.
WTD Now does not verify the accuracy of reviews and is not responsible for any
incorrect or misleading information posted by users.
8.2. Content
WTD Now allows Hosts to share various types of content, including text, photos,
videos,
feedback, and other media (“Content”). By providing Content through WTD Now
Platform, you
grant WTD Now a
non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and
transferable license
to use, store, modify, publish, and distribute the Content to promote
and enhance the WTD Now Platform.
If your Content includes personal information, WTD Now will handle it in compliance with
applicable data protection laws as outlined in our Privacy Policy. You are solely
responsible for ensuring that your Content does not infringe on any intellectual property,
privacy rights, or violate any laws. Content must also comply with WTD Now’s policies,
including restrictions against discriminatory, harassing, obscene, deceptive, or
illegal
content.
Additionally, WTD Now may provide automated translation tools for Content.
However, the WTD
Now Platform does not guarantee the accuracy of translations, and Hosts are responsible for
verifying the accuracy of any translated Content.
9. Fees and Payment
9.1. Fees
WTD Now may charge service fees (including applicable taxes) for using the
WTD Now Platform.
These fees will be disclosed before a booking is confirmed. Unless otherwise stated, service
fees are non-refundable. WTD Now reserves the right to modify fees at any
time with prior
notice. Changes in service fees will not affect bookings made before the fee change
takes
effect.
9.2. Payment Terms
Certain Hosts may require you to provide your payment information ahead of time, including
where (i) the Host requires prepayment of bills; (ii) the Host charges a cancellation fee or
(iii) the Host otherwise requires a credit or debit card on file in order to make a
Reservation. When you make a Reservation with a Host that requires payment and/or payment
information ahead of time, we will ask you to provide us with information for a credit or
debit card. You may choose to add your credit or debit card information to your account on
the Services for subsequent Reservations, until you change or remove such information from
your Account. By submitting your payment information through the Services, you give WTD Now
the right to share your payment information with a third-party payment processor (the
“Payment Processor”) to process payments in connection with your use of the
Services. We are not responsible for errors made by the Payment Processor. By making a
Reservation, you agree to pay, through the Payment Processor, any fees in accordance with
the applicable payment terms and you authorize the Host or WTD Now, through the Payment
Processor, to charge your chosen payment provider (your “Payment Method”).
You agree to make payment using that selected Payment Method.
9.3. Payment Method
The terms of your payment will be based on your Payment Method and may be determined by
agreements between you and the financial institution, credit card issuer or other provider
of your chosen Payment Method. Payment transactions are subject to validation checks by the
financial institution, credit card issuer or other provider of your chosen Payment Method
and we are not responsible if your card issuer declines to authorize payment for any reason.
11. Termination, Suspension, and Other Measures
11.1. Term
The agreement between you and WTD Now, as reflected in these Terms, becomes effective when
you access the WTD Now Platform (e.g., creating an account) and remains in effect until
terminated by either party as described in these Terms.
11.2. Termination
- By You: You may terminate this agreement at any time by emailing WTD
Now support or deleting your account.
- By WTD Now: WTD Now may terminate your account for any reason with 30
days’ notice via email or any contact information associated with your account.
- Immediate Termination: WTD Now may terminate this agreement
without notice if you:
- Breach these Terms.
- Violate applicable laws.
- Engage in actions that WTD Now believes could harm its platform, users, or third
parties.
- Inactive Accounts: If your account remains inactive for more
than two years, WTD Now may terminate it without prior notice.
- Changes to Services: WTD Now reserves the right to modify services,
add/remove features, or change accepted service types to improve operations, prevent
abuse, or comply with legal requirements.
11.3. Violations and Consequences
If you:
- Violate these Terms, Policies, or third-party rights, or
- Engage in unlawful activities, or
- Pose a reasonable risk to WTD Now, its users, or third parties,
WTD Now may,
with or without prior notice:
- Suspend or restrict access to your account.
- Remove or limit visibility of Listings, reviews, or other content.
- Cancel pending or confirmed Reservations.
- Suspend or revoke any special account privileges.
For minor violations, WTD Now may notify you and provide an opportunity to address the
issue. You may appeal actions taken under this section by contacting
customer support. If a Reservation is canceled under this section, the Host’s payout
may be reduced to cover refunds and associated costs.
11.4. Legal Compliance
WTD Now may take any action necessary to comply with laws, court orders, law enforcement, or
government agencies.
11.5. Effect of Termination
- If you are a Host and terminate your account, all confirmed
bookings will be canceled, and Guests will receive a full refund.
- If you are a Guest and terminate your account, refunds will
depend on the Host’s cancellation policy.
- Terminated accounts cannot be restored, nor can users register a new
account or access
the platform through another account.
11.6. Survival
Certain provisions of these Terms will survive termination, including
sections on legal obligations, liabilities, and dispute resolution.
12. Modification
WTD Now may modify these Terms at any time. When we make material changes, we will post the
updated Terms on the WTD Now Platform and update the “Last Updated” date. We will also notify
you of any material changes through email, in-app notifications, messaging services, or any
other contact method you have provided, at least 30 days before the changes take effect.
If you disagree with the revised Terms, you may terminate your agreement as outlined in these
Terms. If you do not terminate your agreement before the effective date of the revised Terms,
your continued use of the WTD Now Platform will constitute acceptance of the updated Terms.
13. Resolving Complaints and Damage Reports
If a Member provides valid evidence that you, your Guest(s), or your actions have:
- (i) caused damage to another Member’s property, digital assets, or any asset for which the
complaining Member is responsible or has an economic interest in; or
- (ii) caused financial loss, including loss of income or consequential damages, directly
resulting from the damage under (i) above; or
- (iii) caused the complaining Member to incur additional costs beyond what was initially
agreed upon (each of (i), (ii), and (iii) being a “Damage Report”),
The complaining Member can notify WTD Now and seek resolution through the designated dispute
resolution process. You will be notified of the Damage Report and given an opportunity to
respond. If you agree to compensate the Member, or if the Damage Report is escalated and WTD Now
determines at its sole discretion that the Damage Report is valid and you are responsible, WTD
Now may facilitate the collection of the amount owed through available payment methods.
You agree that WTD Now may seek to recover damages under any applicable insurance policies you
maintain and may pursue remedies available under applicable law, including referral to a
collections agency and/or legal action if necessary. You agree to cooperate in good faith,
provide any requested information, and take reasonable action in connection with Damage Reports,
complaints, claims under insurance policies, or other claims related to your use of WTD Now
Platform.
14. WTD Now’s Role
We offer you the right to use WTD Now Platform that enables Members to access, publish, search
for, and book services or interact with other Members. While we strive to ensure that our
Members have positive experiences using WTD Now Platform, we do not and cannot control the
conduct of Members or the content shared by them. You acknowledge that WTD Now (or its
affiliates) has the right, but is not obligated, to monitor the use of the WTD Now Platform and
verify the information provided by our Members. For example, we may record, review, monitor,
disable access to, remove, or edit text, in-app messages, phone recordings, or other content to:
- (i) operate, secure, and improve the WTD Now Platform (including for fraud prevention, risk
assessment, investigation, and customer support purposes);
- (ii) ensure Members’ compliance with these Terms;
- (iii) comply with applicable law or the order or requirement of a court, law enforcement
agency, or other administrative body;
- (iv) address content that we determine is harmful, illegal, or objectionable;
- (v) take actions set out in these Terms;
- (vi) maintain and enforce any quality or eligibility criteria, including by removing
listings
or services that do not meet the standards.
Members acknowledge and agree that WTD Now administers its Terms (such as basic requirements for
services or users), including decisions about how to apply them at our sole discretion. Members
agree to cooperate with and assist WTD Now (or its affiliates) in good faith, and to provide us
with any information and take such actions as reasonably requested by us with respect to any
investigation undertaken by us regarding the use or misuse of the WTD Now Platform.
15. Member Accounts
To access and use the Services, you must register an account.
Eligibility & Registration
- Only legal entities, partnerships, and individuals aged 18 or older can
register.
- By registering, you represent and warrant that you are not
barred from using WTD Now Platform under the laws of the United States’
jurisdictions, your country of residence, or any applicable jurisdiction.
- You must provide accurate, current, and complete information and keep
your
account details updated.
Account Security & Responsibilities
- You may not transfer your account to another person or entity.
- You are responsible for maintaining the confidentiality and security of
your login credentials.
- You must not share your credentials with any third party.
- You are fully responsible for all activities conducted through your
account.
- If you suspect unauthorized access, loss, or theft of your credentials,
you
must
immediately notify WTD Now.
-
You must not resell, distribute, or attempt to resell or distribute any
Reservations.
- You must not create and book with multiple accounts in orders to
circumvent
reservation limitations.
Identity Verification & Compliance
WTD Now may, at its sole discretion and as permitted by applicable law
- Request additional identification or documentation.
- Perform background checks to verify your identity.
- Screen users against third-party databases or request reports from
service
providers.
- Obtain public records related to criminal convictions or other regulatory
compliance
requirements.
Failure to comply with verification requests may result in account suspension or
termination.
16. Disclaimer of Warranties
The WTD Now Platform and all content are provided “as is” without warranty of any kind. WTD Now
disclaims all warranties, whether express or implied. For example:
- (i) We do not endorse or warrant the existence, conduct, performance, safety, quality,
legality, or suitability of any Guest, Host, Service, Listing, or third party.
- (ii) We do not guarantee the performance, availability, or uninterrupted operation of the
WTD Now Platform, including in the Services or any materials or content contained therein
will be error free, that defects will be corrected, or that the Services that makes it
available is free of viruses or other harmful components.
- (iii) We do not warrant that any verification, identity, or background checks conducted on
Members or Listings (if any) will identify past misconduct or prevent future misconduct.
- (iv) We disclaim any express or implied warranties, including, without limitation,
non-infringement, title, merchantability or fitness for a particular purpose.
Any references to a Guest or Listing being “verified” (or similar language) indicate only that
WTD Now has completed a relevant verification or identification process and nothing more. These
disclaimers apply to the maximum extent permitted by law. If you have statutory rights or
warranties that WTD Now cannot disclaim, the duration of such rights or warranties will be
limited to the maximum extent permitted by law.
17. Limitations on Liability
Neither WTD Now (including its affiliates and personnel) nor any other party involved in
creating, producing, or delivering the WTD Now Platform or any content will be liable for any
incidental, special, exemplary, punitive, or consequential damages. This includes, but is not
limited to, lost profits, loss of data, loss of goodwill, service interruptions, computer
damage, system failure, or the cost of substitute products or services. Additionally, WTD Now is
not liable for any damages arising from personal or bodily injury, emotional distress, or any
issues related to:
- (i) These Terms,
- (ii) The use of or inability to use the WTD Now Platform or any Content,
- (iii) Any communications, interactions, or meetings you may have with individuals through
the WTD Now Platform,
- (iv) Any transactions, Host’s services, or Listings facilitated through the WTD Now
Platform.
Whether based on warranty, contract, tort (including negligence), product liability, or any other
legal theory, and whether or not WTD Now has been informed of the possibility of such
damages, WTD Now’s liability is limited as follows:
- (A) For Guests who have made payments through the WTD Now Platform, liability will not
exceed the total amount paid in the 12-month period prior to the event giving rise to the
claim.
- (B) For Hosts who have received payments through the WTD Now Platform, liability will not
exceed the total amount received in the 12-month period prior to the event giving rise to
the claim.
- (C) For all other Members, liability is limited to one hundred U.S. dollars (U.S. $100).
These limitations of liability are fundamental to this agreement. If applicable law does not
permit certain liability limitations, some of the above limitations may not apply to you.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at WTD Now’s
option), indemnify, and hold WTD Now (including its affiliates, contractors, personnel, and any
associated payment processors) harmless from and against any claims, liabilities, damages,
losses, and expenses—including, but not limited to, attorneys’ and accounting fees— arising from
or in any way connected with:
- (i) Your breach of these Terms.
- (ii) Your improper use of the WTD Platform and Services.
- (iii) Your interactions with any other Member, participation in services offered through WTD
Now Platform, or any transactions conducted on the WTD Now Platform, including but not
limited to injuries, losses, or damages (whether compensatory, direct, incidental,
consequential, or otherwise) resulting from such interactions or transactions.
- (iv) Your failure, or WTD Now’s failure at your direction, to accurately report, collect, or
remit any applicable taxes.
- (v) Your violation of any laws, regulations, or third-party rights, including but not
limited to intellectual property or privacy rights.
You agree to indemnify and hold WTD Now (including its affiliates, personnel, and payment
processors) harmless against any of the above claims, liabilities, damages, losses, and
expenses, regardless of WTD Now’s responsibility for negligence and however such claims may
arise.
19. Governing Law and Venue
These Terms will be governed by and interpreted in accordance with the laws of the State of
California and the United States of America, without regard to conflict-of-law principles.
Any judicial proceedings (other than small claims actions) that are not subject to the
arbitration agreement in Section 19 must be brought in the state or federal courts located in
Santa Clara County, California, unless both parties agree to an alternative location. By
accessing the WTD Now Platform and using our Services, You consent to the jurisdiction and venue
of these courts.
20. Arbitration Agreement
PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT REQUIRES YOU AND WTD NOW TO RESOLVE
ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDES A CLASS ACTION WAIVER AND
JURY TRIAL
WAIVER.
This Arbitration Agreement supersedes all prior versions.
You and WTD Now mutually agree that any dispute, claim, or
controversy arising out of or relating
to these Terms, including but not limited to their applicability,
breach, termination, validity,
enforcement, or interpretation, or any use of the WTD Now Platform,
Services, or
content
(collectively, “Disputes”), shall be resolved through binding
arbitration on an individual
basis.
While we will make reasonable efforts to resolve any disagreements you may have with WTD Now, if
these efforts fail you agree that all claims, disputes or controversies against WTD Now arising
out of these Terms of Service, or the purchase of any products or services ("Claims ") are
subject to fixed and binding arbitration (except for matters that may be taken to small claims
court), no matter what legal theory they are based on or what remedy (damages, or injunctive or
declaratory relief) they seek. This includes Claims based on contract, tort (including
intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or
any other sources of law; Claims made as counterclaims, cross-claims, third-party claims,
interpleaders or otherwise; and Claims made independently or with other claims. The party filing
an arbitration must submit Claims to the American Arbitration Association and follow its rules
and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you
attend will be held at a place chosen by the American Arbitration Association in the same city
as the US District Court closest to your then current residential address, or at some other
place to which you and WTD Now agree in writing, and the arbitrator shall apply California law
consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate
Claims in arbitration by or against other users or to arbitrate any Claim as a representative or
member of a class or in a private attorney general capacity. You may obtain copies of the
current rules, and forms and instructions for initiating an arbitration by contacting the
American Arbitration Association by using the contact information noted below.
American Arbitration Association 800-778-7879 (toll-free) Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at
least ten (10) years' experience or a retired or former judge, selected in accordance with the
rules of the American Arbitration Association. The arbitration will follow the procedures and
rules of the American Arbitration Association which are in effect on the date the arbitration is
filed unless those procedures and rules are inconsistent with these Terms of Service, in which
case these Terms of Service will prevail. Those procedures and rules may limit the discovery
available to you or us. The arbitrator will take reasonable steps to protect your customer
account information and other confidential information if requested to do so by you or us. Each
party to the arbitration will bear the expense of that party's attorneys, experts, and
witnesses, and other expenses, regardless of which party prevails, but a party may recover any
or all expenses from another party if the arbitrator, applying applicable law, so determines.
The arbitrator's award is final and binding on the parties unless we or you appeal it in writing
to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request
a new arbitration before a panel of three neutral arbitrators designated by the American
Arbitration Association. An award by a panel is final and binding on the parties after fifteen
(15) days has passed. Any Claim you have must be commenced within one (1) year after the date
the Claim arises. As noted above, you and WTD Now hereby voluntarily and knowingly waive any
right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a
Claim is transferred, removed, or appealed to a different court, we may then choose to
arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration
organization, the parties will mutually agree upon another arbitration organization that will
enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WTD NOW ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND . CLAIMS AND
REMEDIES SUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS,
NONREPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON -CLASS,
NON-REPRESENTATIVE) BASIS. THE LAWS YOUR COUNTRY OF RESIDENCE MAY PROHIBIT THE LIMITATIONS
SPECIFIED IN THE CLASS ACTION WAIVER. IF SUCH LAWS APPLY TO YOU, THEN THESE LIMTIATIONS MAY NOT
APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS PURSUANT TO THE LAWS OF YOUR COUNTRY OF
RESIDENCE.
20.1. Amendment to Agreement to Arbitrate
-
Right to Reject Amendments
If WTD Now makes any changes to this
Section 19 after the date you last accepted
the Terms (or accepted a prior amendment to the Terms), you may reject the
new changes by sending written notice within 30 days
of the change taking
effect.
-
Required Information in Your Opt-Out Notice
Your opt-out notice must include:
- Your full name
- Your mailing address
- The date of your notice
- Your WTD Now username (if applicable)
- The email address associated with your WTD Now account
- Your signature
- A clear statement that you want to opt out of the amended
arbitration
terms
-
How to Send Your Opt-Out Notice
- You must send your notice by:
- Mail: info@wtdnow.com
- Email: support@wtdnow.com
-
Effect of Opting Out
- Opting out of a new amendment does not revoke your prior agreement to
arbitrate disputes with WTD Now.
- Any prior arbitration agreement you previously accepted will
still apply
to disputes between you and WTD Now, , unless explicitly revoked by both
parties.
20.2. Survival
This Section 19 (Arbitration Agreement) shall remain in
effect even if:
- You stop using the WTD Platform.
- You terminate your WTD Now account.
- The Terms of Service are otherwise terminated.
This ensures that any disputes arising before or after
account termination remain subject to
the agreed arbitration terms.