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Terms of Service

Effective May 22nd, 2017

Wing Legal

Terms of Service | Privacy Policy
Zero Tolerance Policy

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Thank you for your interest in Wing and the Wing application (including but not limited to the Wing Customer application, the Wingman or Wing Fulfiller application) for your mobile device ("The Application", "The Wing App", "Wing Mobile Application") provided to you by Wing AI Technologies, Inc. ("Wing", "Wing AI", "Wing AI Technologies", "us" or "we"). This page explains the terms by which you may use our mobile applications, mobile services, web applications, web services, and software provided on or in connection with the service ("collectively the Services", "Wing Services", "Services"). These Terms of Service ("Terms") including the Privacy Policy incorporated in these Terms by reference and other policy may be updated periodically your continued use of the Site constitutes that you have read and understood the changes. These terms constitute a legal agreement between you and Wing, in order to you of the Service you must agree to these Terms. These terms govern your use, access, affiliation, and operation from within the United States and its territories. PLEASE READ THESE TERMS AS THEY CONSTITUTE A LEGAL AGREEMENT BY WHICH YOU ARE SUBJECT TO. Throughout the terms, assertions, claims, and statements indicating or containing the word "including" can mean "including but not limited to." Note: These terms of service and all referenced documents and policies constitute a legally binding agreement By accessing, downloading, installing, or using the Service, you signify that you have read, understood, and agree to be bound by the terms of this agreement and inherently this Terms of Agreement form.

1. Use of Our Services

a. The Wing Experience

i. The Wing Services are a part of the Wing platform, this platform serves as a marketplace where people who seek to get tasks done are matched with "Fulfillers" (Independent Contractors and Small Businesses) who are reasonably capable of executing these jobs, tasks, or offers. Fulfillers are to be distinguished from Users herein as "Fulfillers" or "Associates" referring to Fulfillers or Associates subject to the agreements of independent contractors overseen by Wing Inc. Whereas "Users" will explicitly refer to parties in use of the application or website service seeking to get a task executed, subject to the terms of agreement of the user.

A. Eligibility

a. The User must be 18 years old to be eligible to use Wing Services. This service is not available for children (persons under the age of 18 regardless of parental consent) in any capacity, whether that be as a Fulfiller or as a User. By becoming a User, you represent, acknowledge, and warrant that you are at least of 18 years of age and that you have the right, authority, and capacity to enter into and abide by the Terms and Conditions of this Agreement.

b. Your use of the Services is in compliance with any and all applicable laws and regulation.

B. Accounts

a. By creating an account, you will be given access to different features of the various Services.

b. When creating an account, you will have provided complete and accurate information and must maintain this information as up-to-date at all times. Failure to do so, may result in your inability to access the Services or other forms of termination of access to Wing Services.

c. While Wing works to safeguard your account and passwords, you are solely responsible for protecting the confidentiality of your account and passwords.

i. This excludes any known or unknown cyber attacks (via denial of service attacks, hacks, malware, worms or otherwise), data breaches, or data malformation.

ii. You will accept responsibility for all activities that occur under your account, identifiable by your Wing User Unique Identifier ("Wing User ID").

iii. If you use the Service on behalf of an entity, organization you represent and warrant that the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

C. Service Rules

a. You agree to refrain from engaging in any of the following prohibited activities, failure to comply may result in your inability to access the Services or other forms of termination of access to Wing Services.

i. Modify, alter, reproduce, copy, distribute, or disclosing any confidential (including but not limited to any information that you are both aware and unaware of its due confidentiality) part of the Service in any medium (Information whose origin is unknown should be treated as confidential).

ii. Attempting to interfere with system integrity or security.

iii. Attempting to upload or uploading any viruses, worms, code (malicious or otherwise) or other software through the Services.

iv. Attempting to seek or provide services that Wing has classified as "Zero Tolerance Services", for a list of such services and service categories, please review Wing's Zero Tolerance Services section.

D. Payment

a. Billing Services.

i. As a User, you agree to pay the amounts charged for your use of the Wing Services, labelled under ("Charges", "Fees", "Fares"). Charges include Fares and other applicable fees, in addition to any voluntary tip you may elect to give to the Fulfiller.

1. Fares: consist of base charge and adjustments based on locations and category of task

2. Market Adjusted Pricing: Fares are subject to change based on Service demand at a rate determined by our patented pricing algorithm

3. Service Fee: Wing may consider levying a service fee but the right to do so shall remain retained to Wing itself entirely

4. Cancellation Fee: After you the user requests a task you may cancel it through the app, but be aware that in certain cases a cancellation fee may apply referenced in the "Cancellation Policy for Wing"

5. Insurance Fee or Safety Fee: Required charge to cover the cost of corporate insurance ensuring liabilities are accounted for and can be mediated in a reasonable manner

6. Other Fee: Toll fees in some instances may occur if the user does not indicate to not use the toll roads, as our associates will assume that Users would prefer convenience and efficiency circulated around the speed and time at which the task is done

a. Note: Refunds

i. All Charges are non-refundable and apply at all times regardless of app usage or termination of usage, unless User has demonstrable basis for refund - please contact our Support Center to request a refund

ii. Wing in its sole discretion may offer refunds on a case to case basis.

b. Note: Credit and Task Discounts

i. You may receive ("Wing Credits") that you can apply towards the payment of charges. They are and are not transferable or redeemable for cash except as required by law.

7. Credit Cards and Debit Cards

a. Authorization: Upon the addition of a new payment method or each task request, Wing may seek authorization of your selected payment method to verify the payment method, ensure the task cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank's next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or Non-Sufficient Funds (NSF) charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

b. Fraud Prevention: Wing relies on third party payment gateways to handle credit card and debit card authorization, payments, card management and cannot be held responsible for data breaches, data loss, malformation of data as a result of cyber attacks, data breaches, data loss, malformation of data affecting the third party payment gateway. Our choice of third party payment gateways will still adhere to our adequate standards of User payment data security, meaning always maintaining PCI Service Provider Level 1 compliance, utilizing TLS (SSL) connections in data transit and storing sensitive card information in an encrypted format.

ii. Certain features of the Service will be provided for a fee. In most cases, you will be given an opportunity to view a Price Estimate for the service view and choose to accept. In other cases, such as monthly payments for Wing+, prior to paying the fee you will be given an opportunity to view and accept the charges.

iii. Wing in its sole discretion may offer refunds on a case to case basis.

iv. Wing has the authority and reserves right to adjust and modify pricing, based on type of request, time of day, and location

1. While we employ methods to make users fully aware of the final price they will be paying, you are responsible of the payment of the final price regardless of your awareness of such Charges.

b. Payments

i. If you are a Wing Associate, you will carry out or execute tasks as requested by Users within your scope of claimed experience and expertise ("Fulfiller Services") and receive payment for your provision of such Fulfiller Services ("Payment"). Payment and transactions are subject to a commission by Wing, referenced below. You may also receive tips provided by Users to you.

ii. Commission. In exchange for permitting you to offer your Services through the Wing Platform and marketplace as a Associate, you agree to pay Wing (and permit Wing to retain) a fee based on each transaction in which you provide Services (the "Commission"). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Wing Associates Dashboard (accessible via http://associates.getwingapp.com). Wing reserves the right to change the Commission at any time in Wing's discretion based upon local market factors, and Wing will provide you with notice in the event of such change. Continued use of the Wing Platform after any such change in the Commission calculation shall constitute your consent to such change.

iii. Pricing. You expressly authorize Wing to set the prices on your behalf for all Charges that apply to the provision of Services. Wing reserves the right to change the Charges schedule at any time in our discretion based upon local market factors, we will communicate relevant changes to the base fare unit amounts that would result in a change in the applicable Payments or transactions. Charges may be subject to maximum limits as set forth in your market's Wing Cities page or the Wing Support Center.

iv. Payment Adjustment. Wing reserves the right to adjust or withhold all or a portion of Payment if it believes that (i) you have attempted to defraud or abuse Wing or Wing's payment systems, (ii) in order to resolve a User complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Fulfiller Services in the Wing application when a task was completed). Wing's decision to adjust or withhold the Payment in any way shall be exercised in a reasonable manner.

E. Third Party Links

a. The use of our Service may provide links to third-parties and their respective material, Wing does not own or control any of the third party contents and does not assume responsibility for your usage of such third party sites. You understand that if you use such sites you do so at your own risk.

b. You relieve Wing from any liability that may arise while your use of any third-party sites.

F. Indemnity

a. You are responsible for your use of the Service, and you agree to defend and indemnify Wing as well as its employees, directors, contractors from and against the following claims

i. Liability

ii. Damage

1. Personal injury

2. Property damage

iii. Attorney fee and cost in associated with:

iv. violation of third party right such as intellectual property

1. You will defend, indemnify, and hold Wing including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Wing Platform and participation in the Services, including:

(1) your breach of this Agreement or the documents it incorporates by reference;

(2) your violation of any law or the rights of a third party, including, without limitation, Fulfillers, Users, other motorists, and pedestrians, as a result of your own interaction with such third party;

(3) any allegation that any materials that you submit to us or transmit through the Wing Platform or related services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

(4) your ownership, use or operation of a motor vehicle or passenger vehicle, or any other relevant tools (including but not limited to: laundry machines, cleaning equipment, stationary or technical equipment) including your provision of Services as an Associate; and/or

(5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

b. Liability Boundaries

1) IN NO EVENT WILL WING, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "WING" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE WING PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WING PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WING PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WING HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

G. Dispute Resolution and Arbitration Agreement

a. As part of the agreement to lawfully permit the use of Wing in the manner disclosed in this agreement, you the User will be required to resolve disputes with Wing on an individual basis through determent, final, and binging arbitration. By entering into this agreement you fully acknowledge that you have read and understand the terms of this agreement and have exercised reasonable caution in considering the consequences of consenting to this agreement YOU AND WING MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below

a. Agreement to Binding Arbitration Between You and Wing.

  • This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Wing ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Wing, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
  • Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND WING. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Wing Platform, the Services, any other goods or services made available through the Wing Platform, your relationship with Wing, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Wing, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Wing and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
  • BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND WING ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
  • b. Prohibition of Class Actions and Non-Individualized Relief.

  • YOU UNDERSTAND AND AGREE THAT YOU AND WING MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND WING BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST WING
  • The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
  • Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
  • c. Representative PAGA Waiver.

  • Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Wing agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code ยง 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Wing agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
  • d. Rules Governing the Arbitration.

  • Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA's website (www.adr.org) (the "AAA Rules") or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding.
  • As part of the arbitration, both you and Wing will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based.
  • The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users or Fulfillers, but is bound by rulings in prior arbitrations involving the same User or Associate to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
  • e. Location and Manner of Arbitration.

  • Unless you and Wing agree otherwise, any arbitration hearings between Wing and a User will take place in the county of your billing address, and any arbitration hearings between Wing and a Associate will take place in the county in which the Associate provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim is for $10,000 or less, Wing agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
  • f. Exceptions to Arbitration.

  • This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers' compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.
  • Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
  • g. Severability.

  • In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
  • h. Associate Claims in Pending Settlement.

  • If you are a member of a putative class in a lawsuit against Wing involving Associate Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement's effective date (a "Pending Settlement Action"), then this Arbitration Agreement shall not apply to your Associate Claims in that particular class action. Instead, your Associate Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement's effective date.
  • i. Opting Out of Arbitration for Associate Claims That Are Not In a Pending Settlement Action.

  • As a Associate, you may opt out of the requirement to arbitrate Associate Claims, pursuant to the terms of this subsection. If you do not wish to be subject to this Arbitration Agreement with respect to Associate Claims, you may opt out of arbitration with respect to such Associate Claim
  • In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Associate Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Wing shall be bound by the terms of this Arbitration Agreement in full (including with respect to Associate Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Associate Claims that are part of a Pending Settlement Action and your Associate Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable Wing Terms of Use that you agreed to prior to the effective date of this Agreement.
  • Cases have been filed against Wing and may be filed in the future involving Associate Claims. You should assume that there are now, and may be in the future, lawsuits against Wing alleging class, collective, and/or representative Associate Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Associate Claims with Wing under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Wing in an individual arbitration provision, except for the Associate Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Associate Claims under this Arbitration Agreement.
  • j. Optional Pre-Arbitration Negotiation Process.

  • Before initiating any arbitration or proceeding, you and Wing may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Wing. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation
  • H. Wing Promotions and Referral Programs

    A. Wing has discretion and may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Wing. Wing reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Wing determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

    B. From time to time, Wing may offer you with incentives to refer new Users to the Wing community (the "Referral Program"). These incentives may come in the form of Wing Credits, and Wing may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

    I. General

  • Your Information is any information you provide, publish or post to or through the Wing Platform or related services (including any profile information you provide) or send to other Users or Fulfillers (including via in-application feedback, any email feature, or through any Wing-related Facebook, Twitter or other social media posting) (your "Information"). You consent to us using your Information to create a User account that will allow you to use the Wing Platform and participate in the Services.
  • This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wing, in our sole discretion by providing notice to you. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Wing with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
  • If you have any questions regarding the Wing Platform or Services, please contact our Customer Support Team through our Support Center (see https://getwingapp.com/support)