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Last Updated: JANUARY 25, 2024
The website nomwithwom.com (“Site”) and WOM mobile application (“App”) are operated by WDYR LLC (“WOM”, “we,” “our”, “us”). By accessing or visiting the Site, using the App, or visiting or using any other site, application, or embedded content owned or operated by us, or purchasing anything from us (collectively, our “Service”), you (“customer,” “you,” “your”) agree to be bound by the following terms and conditions (“Terms and Conditions”, “Agreement,” or “Terms”), including any additional terms, conditions, and policies referenced or incorporated here in such as our Privacy Policy. These Terms and Conditions constitute a legally binding Agreement between you and WOM.
BY VISITING OR USING OUR SERVICE OR MAKING ANY PURCHASE THROUGH THE SITE OR APP, YOU ENGAGE IN OUR SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR OUR SERVICE.
YOUR USE OF THIS SITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 13 OF THIS AGREEMENT TITLED Dispute Resolution by Binding Arbitration and Class Action Waiver WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT.
Section 1: Online Service Terms
You are permitted to use our Service only for your personal, non-commercial use. By using our Service, you represent and warrant that you are at least the age of majority in your state or province of residence. You agree that you will not: (a) use any Service for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion: (b) violate any laws in your jurisdiction or the rights of us or any third party; (c) use our Service in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on our Service; (e) attempt to derive any source code or underlying ideas or algorithms of any part of our Service; or (f) transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, use of our Service, or access to our Service or any contact on the site through which the Service or Site is provided, without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your access to the Service, without any refund or redress to you.
Section 2: Modification to Our Service
We reserve the right at any time to modify or discontinue our Service (or any part or content thereof), and prices without notice at anytime. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of our Service.
Section 3: Intellectual Property
We and our licensors exclusively own all right, title, and interest in and to this Site and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “WOM Intellectual Property”). Except as expressly provided in this Agreement, you have no right, license, or authorization to any of the WOM Intellectual Property. You shall not assert any claims to the contrary or do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the WOM Intellectual Property, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm WOM’s right, title, and interest in the WOM Intellectual Property. WOM is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the WOM Intellectual Property. Any unauthorized use of the WOM Intellectual Property may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes, and is expressly prohibited. Trademarks owned by third parties are the property of those respective third parties.
Section 4: Accounts
To use certain features of our Service, you might be required to register for an account with WOM (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of our Service does not violate any applicable law or regulation or the Terms of this Agreement.
You are responsible for maintaining the confidentiality of your Account login information. You are fully responsible for all activities that are associated with your Account(including, but not limited to use of the Site, or correspondence from your account to us). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.
Section 5: Subscriptions
We may charge subscription fees for the use of certain services offered on the Service (“Fees”). If you purchase a WOM subscription, you will continue to be billed on a recurring basis, and you will have access to premium services unless and until you change or cancel your subscription through your Account. Your account will be charged for your initial purchase, and all recurring fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your Account. Payments will be charged in advance on the day you subscribe to the plan and will cover your use of the premium Service (including all activity across our website and apps) for a period of one year. Unless you cancel your subscription before the end of the current period, your subscription will automatically renew, and you will be charged the applicable subscription fee for the next period (including any taxes payable) using the payment method we have on record for you. Subscriptions can be canceled at any time in your account settings (for web subscriptions) or in your iCloud settings (for iOS subscriptions).
You cancel or modify your subscription through your Account. You must cancel or modify your subscription at least 24 hours before your next renewal to avoid being charged for the next subscription term.
If you cancel your subscription within 30 days of its creation, you may seek a refund for any Fees you have already paid in the current period. Refunds are granted at the sole discretion of our Service’s support staff, and are only available for subscriptions purchased through our website (iOS subscribers must contact Apple, Inc. if they wish to seek a refund).
We may change the price for subscription Fees from time to time. We will communicate any changes in Fees, and any changes will only take effect at the end of your current subscription period. We may, in our sole discretion, terminate your subscription at any time without notice. If we do so, you will no longer be charged for future recurring subscription fees. We may also, in our sole discretion, terminate any subscription program at any time.
Section 6: Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Section 7: Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 8: User Generated Content
Our Service allows you to upload, download, store, or transmit user-generated data or information, which might include personal information such as your name or contact details, reviews, ratings, creative ideas, suggestions, proposals, plans, product reviews, or other materials(collectively, “User Content”). If you provide User Content whether online, bye mail, by postal mail, or otherwise, you hereby grant to us a nonexclusive license for use of such User Content and agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium now known or unknown any User Content that you provide to us. We are and shall be under no obligation to (1) maintain any User Content in confidence; (2) pay compensation for any User Content; (3) respond to any User Content, (4) use any User Content, or (5) notify you of the use of any such User Content.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree to defend and indemnify WOM for any claims, demands, or lawsuits arising out of or relating to your provision of false or inaccurate information to us.
Section 9: Personal Information & Privacy Policy
Your submission of personal information through our Service is governed by our Privacy Policy (www.nomwithwom/privacypolicy), which is incorporated herein by reference.
Section 10: Errors, Inaccuracies, and Omissions
Occasionally there may be information in our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Service. No specified update or refresh date applied in our Service or on any related website, should be taken to indicate that all information in our Service or on any related website has been modified or updated.
Section 11: Prohibited Uses
You are permitted to use our Service solely for your personal, non-commercial use. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site, the App, or any content available on or through the Site or App: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of our Service, except as expressly permitted by us. We reserve the right to terminate your use of our Service or any related website for violating any of the prohibited uses.
Section 12: Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that maybe obtained from the use of our Service will be accurate or reliable. You agree that from time to time we may remove our Service for indefinite periods of time or cancel the Service at anytime, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. OUR SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL WOM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICEOR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFTHE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY, BECAUSE SOME STATESOR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 13: Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site or our Service (including any subscription arrangement), communications between you and us (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with us, or this Agreement (including the enforceability of this arbitration provision) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here:https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and WOM will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.
This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or WOM in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against anon-consumer; and (iv) interactions with governmental and regulatory authorities.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN ACLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in California.
You and WOM agree that all arbitrations between you and WOM under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of California shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of California consistent with the FAA.
You may opt out of this arbitration provision and class action waiver by emailing support@nomwithwom.com. You must complete this form by providing your name and email address. You shall have thirty (30) days from the earliest of the date that you visit the Site, use our Service, or submit information through the Site to opt out of this arbitration provision and class action waiver. If you do not optout by thirty (30) days from the earliest of the date that you visit the Site, download the App, make a purchase, or submit information through the Site or App, then you are not eligible to opt out. Any opt-out of this provision does not affect the validity of any other arbitration agreement or class action waiver between you and WOM. If you opt out of the arbitration provision and class action waiver, all other parts of the Terms will continue to apply.
Section 14: Review Guidelines
When posting a review on our Service, you must comply with the following guidelines:
A. Be truthful and accurate. You may only write a review if you have experienced the restaurant or service you are reviewing. You can and should express your own genuinely held opinions, and you shall not make any false or unlawful statements.
B. Prohibited conduct. You must not use any illegal, false, obscene, threatening, harassing, defamatory, inaccurate, misleading, or offensive language.
C. Promotions. You shall not include any promotional references, discount or affiliate codes, marketing materials, or promotional links in your reviews.
D. Multiple reviews. While you are encouraged to post more than one review if you have had more than one experience with a restaurant or service, you shall not post repetitive, harassing, or otherwise inappropriate reviews.
E. Respect others' rights. You may only post original content that belongs to you and does not violate the intellectual property rights of WOM or others.
F. Prominently and clearly disclose connections that you have with any business that you review. You shall prominently and clearly disclose any connection that you have with a business that you review. However, you are prohibited from posting reviews if you received any payment, free products or services, a free sweepstakes entry, or other compensation from a business, or if you own or work for the business that you review.
WOM has the final say with regard to the interpretation and application of these review guidelines, and we may update them at any time in our sole discretion.
Section 15: Miscellaneous
If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms and Conditions are effective when you first access or use the Site or the App and shall remain in full force unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us in writing, but all provisions that by their nature survive termination, will survive. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions, and we shall provide notice to you of such changes either through this Site, through email, or as is otherwise provided. Your continued use of our Service shall constitute your acceptance of any modified terms. It is your responsibility to check this Site periodically for changes.
Section 16: Copyright or Trademark Infringement Notice
If you believe that your copyright or trademark is being infringed on the Site or App, please send us a written notice with the following information:
1. Identification of the copyrighted or trademarked work that you claim has been infringed;
2. Identification of the allegedly infringing content, and information reasonably sufficient to permit us to locate it on the Site (e.g., the URL for the web page on which the content appears);
3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer. You can send us your notice by writing to: support@nomwithomw.com
Section 17: Notice to California Residents
With respect to any electronic commercial service offered on or through the Site, California residents are entitled to the following specific consumer rights information. The provider of the Site is: WOM (WDYR LLC).
To file a complaint regarding the Site, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact support@nomwithwom.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
Section 18: Contact Information
Questions about the Terms and Conditions should be sent to us at support@nomwithwom.com