LAST UPDATED: June 3, 2022
ABOUT THESE TERMS
Accepting these Terms
Welcome to WellCapped! This Terms of Service agreement (“Terms”) is between you (“you” or
“your”) and Havitu, Inc. DBA WellCapped (“we,” “our,” “us,” or “WellCapped”), and governs your
access to and use of our website located a www.WellCapped.com and related services.
Please review these Terms carefully; by accessing or using any of the Services, including by
creating an Account (as defined below), you acknowledge that you have read, understood, and
agreed to be bound by these Terms.
These Terms are a legally binding contract between you and WellCapped. By accepting these
Terms, you represent that you are an individual of legal age to form a binding contract or, if you
are not, that you have obtained parental or guardian consent to enter into these Terms. Under
no circumstances may you access or use the Services if you are under thirteen (13) years old.
Your access to and use of the Services in any way also means that you agree to all of these
Terms, and these Terms will remain in effect while you access or use the Services. These Terms
incorporate by reference any additional terms and conditions posted by WellCapped through the
Site and/or the App, or otherwise made available to you by Wellcapped (the “Additional Terms”),
and you understand and agree that by accessing or using any of our Services, you agree to also
comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE
ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND
US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION,
OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended
to subject WellCapped to any non-U.S. jurisdiction or law. You may not use the Services to rent
or purchase Products outside of the United States. Any use of the Site is at your own risk, and
you must comply with all applicable laws, rules, and regulations in doing so. We may limit the

Service’s availability at any time, in whole or in part, to any person, geographic area or
jurisdiction that we choose.
Changes
We may, at any time and without liability, suspend, modify, or discontinue all or part of the
Services (including access to the Site via any third-party links). We encourage you to check our
Site periodically for the most current Service offerings. Similarly, we may update the Content,
including descriptions and specifications about Products or Services, and we reserve the right to
remove any Content (as described below) at any time, for any reason (including, but not limited
to, if someone alleges you contributed Content in violation of these Terms), in our sole
discretion, and without notice. WellCapped will have no liability for any change in the Services,
or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes
by any reasonable means, including by posting the revised Terms on the Site. The “Last
Updated” legend above indicates when these Terms were last changed. At our discretion, we
may also notify you of certain changes by sending you an email to the email address associated
with your Account. You are responsible for providing us with your current email address when
you create an Account, and, if your email address changes, for updating your Account
information to reflect your new email address. Your continued use of the Services, including by
renting or purchasing Products (as defined below) from us, following any changes to these
Terms will indicate your acknowledgement of such changes and agreement to be bound by the
revised Terms. Any changes to the Terms will not apply to any dispute between you and us that
arises prior to the date on which we posted the revised Terms incorporating such changes, or
otherwise notified you of such changes. If you don’t agree with the new Terms, you may no
longer access or use the Services.
Privacy
Your submission of information through the Services is governed by WellCapped’s Privacy
Policy.
Frequently Asked Questions
Please also refer to our online FAQ section for general information regarding our Services.
ABOUT OUR SERVICES
How to Access WellCapped Services

As noted above, you must be 13 years or older to access or use the Services. To use the
Services, you may be required to sign up for an account (your “Account”), select a password
and username (your “WellCapped User ID”), and provide us with certain information or data,
such as your contact information. You promise to provide us with accurate, complete, and
up-to-date information, and to maintain and update such information. You may not select as
your WellCapped User ID a name that you don’t have the right to use, or another person’s name
with the intent to impersonate that person. We may reject, or require that you change, any
WellCapped User ID, password or other information that you provide to us in registering for an
Account. You may not transfer your Account to anyone else without our prior written permission.
You may only register one Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or features of the Services by using your
account credentials from other services operated by third parties (each, a “Third Party
Account”), such as those offered by Google and Facebook. By using the Services through a
Third Party Account, you authorize us to access information from such Third Party Account for
use in connection with the Services.
You may only use the Services and Products made available to you for your own personal,
non-commercial use, and not on behalf of or for the benefit of any third party, and only in a
manner that complies with all laws that apply to you. If your use of the Services or Products is
prohibited by these Terms or any Additional Terms or applicable laws, then you are not
authorized to use the Services or Products. You are solely responsible for any use by you of any
Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your WellCapped User ID or password) with anyone,
and you must protect the security of your Account (including your WellCapped User ID and
password) and any other access tools or credentials. You’re solely responsible for any activity
associated with your Account, including all charges incurred from use of the Services with your
Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not
limited to, refusing to fulfill any order that you place with us or restricting orders placed under a
single customer Account, payment card, or billing or shipping address. We reserve the right to
limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including
but not limited to availability and geographic concerns, or if we determine or suspect that you
are using the Services for fraudulent or commercial purposes or for any other purposes in
violation of these Terms or any Additional Terms.

Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We
reserve the right to modify or waive fees required to use certain parts of the Services. You are
solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled
in accordance with our cancellation policy, (ii) the price of any Products that are not returned in
accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
Please note that any pricing, fees, and payment terms presented to you in the process of using
or signing up for a Paid Service are deemed part of these Terms.
Reserve
If you rent a Wig through our Rental Service, the rental fee (“Rental Fee”) will include rental
coverage charges and shipping and delivery charges (as applicable) listed on the Rental
Service for your rental of the applicable Product, and you authorize us (or our third-party
payment processor) to charge your Payment Method (as defined below) the Rental Fee.
WellCapped reserves the right to alter the Rental Fee or availability of any particular item at its
discretion and without notice.
Membership Services
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the
then-current applicable subscription rate (including all applicable taxes and fees) listed on the
Membership Service on the date that you sign up for such Membership Service; provided that, if
your Membership Service is based on a promotional rate, you will be charged a fee equal to the
promotional rate for the duration of the promotion, and, after the expiration of the applicable
promotion, you will be charged the applicable rate on a recurring monthly basis, and you
authorize us (or our third-party payment processor) to charge your Payment Method (as defined
below) the monthly Subscription Fee on a recurring monthly basis. For information on the
applicable fees, including any applicable discounts and rental coverage charges listed during
the check-out process, please see the “Plans” section of our Site. WellCapped reserves the right
to alter the Subscription Fee, availability of certain Membership Services, or availability of any
particular item at its discretion and without notice.
Sales
If you purchase a Product through the Services, the purchase price for such Product (“Purchase
Price”) will be equal to the purchase fee, applicable taxes and shipping and delivery charges
listed on the Service for the applicable Product at the time of purchase. WellCapped, at its
discretion and without notice, reserves the right to alter the price of a Product, the amount or

availability of any discount, or the availability of any particular item. You authorize us (or our
third-party payment processor) to charge your Payment Method (as defined below) for the
Purchase Price when you purchase Products and we will charge your Payment Method the
amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of
any kind with respect to any Product that you purchase, and such Product is provided on
an “AS IS” basis.
Late Fees
If you do not return one or more Products (other than Products that you purchase) by the
Product Return Date (see the “Returns and Lost Items” section below), you hereby authorize us
(or our third-party payment processor) to charge your Payment Method non-refundable late fees
for the days that we do not receive every Product that comprises such order, up to the full
Original Retail or Comparable Value of the Products (the “Maximum Late Fee” unless otherwise
specified in the corresponding FAQ Section(s)) not returned to us plus applicable sales tax.
Please see our FAQ section for the applicable Product Return Dates and the current late fees
charged for each day that a Product is not returned.
If you are charged by WellCapped and pay the Maximum Late Fee for a Product pursuant to this
“Late Fees” section and as described in the corresponding FAQ Section(s), you are permitted to
retain the Product; however, we do not make, and expressly disclaim, any warranties of
any kind with respect to the Product, and the Product is provided to you on an “AS IS”
basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or
fees paid or payable by you for the non-return of Return Packaging (as defined below), each of
which will be charged separately from, and in addition to, any late fees. Additionally, late fees
will not apply to any Products ordered using the Membership Services, unless you Cancel or
Pause your Membership Services. Payment of any late fees does not excuse your breach of
these Terms.
WellCapped Packaging
With the delivery of a Product, WellCapped will provide you with pre-paid, pre-addressed
packaging that you can use to return the Product (“Return Packaging”), as well as instructions
for returning the Product to WellCapped. You may not keep, sell, or transfer (other than to us)
any WellCapped-branded garment bags, accessory bags, and accessory boxes (“WellCapped
Packaging”) that we provide to you. If the WellCapped Packaging is not returned prior to the
earlier of (i) sixty (60) days after the return of the associated Product or (ii) the termination,
cancellation, or expiration of your Account or Paid Services, you hereby authorize us (or our
third-party payment processor) to charge your Payment Method a non-refundable non-return fee

for each garment bag, accessory bag (as applicable), and/or accessory box (as applicable) that
is not returned to us. After we charge your Payment Method for the WellCapped Packaging that
you did not return, you are permitted to retain such WellCapped Packaging; however, we do not
make, and expressly disclaim, any warranties of any kind with respect to such WellCapped
Packaging, and the WellCapped Packaging is provided to you on an “AS IS” basis.
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. The rental coverage provided by us covers
normal wear and tear, but you are responsible for any loss, destruction, or damage to the
Products for any reason, including due to theft, loss, mysterious disappearance, fire, major
stains, or any other cause. “Normal wear and tear” means minor stains, rips, missing beads,
stuck zippers, or other minor damage that is covered by the rental coverage. If you return a
Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our
third-party payment processor) to charge your Payment Method for the price for repairing or
replacing the Product, as determined in our discretion, up to the Original Retail or Comparable
Value price for the Product.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are
available on the Services, as well as references and links to Products, but we do not warrant
that the Product listings, descriptions, or images are accurate, complete, reliable, current, or
error-free, or that any Products will be available, even if noted as so on our Services. Such
information and the availability of any Product are subject to change at any time without notice.
Certain weights, measures, and similar descriptions are approximate and are for convenience
only. We make reasonable efforts to accurately display the attributes of Products, including the
applicable colors, however the actual colors you see will depend on your computer system, and
we cannot guarantee that your computer (including a smart phone or similar device) will
accurately display such colors. The prices displayed for Products and Services are quoted in
U.S. dollars, unless otherwise indicated. Prices and availability for Products on our Reserve
Service are not confirmed until the applicable Products are shipped; if the actual price of such a
Product is higher than our stated price, or if the Product is no longer available, we will contact
you for instructions before shipping or cancel your order and notify you of such cancellation. The
availability through the Services of any listing, description, or image of a Product does not imply
our endorsement of such Product or affiliation with the provider of such Product.
Price Comparisons

For most Products, WellCapped will list a higher reference price in conjunction with the lower
price at which customers can rent or purchase the Product. We use these pricing terms online
and in our app:
WellCapped Purchase Price: The purchase price we offer (aka the “to buy” price) is
dynamic and based on sophisticated algorithms that consider a broad range of factors,
including item-specific rental history, customer trends, the impact of removing an item
from rental circulation, and members’ past shopping and purchase history. Generally,
any single factor cannot be used to explain the direction or magnitude of a price change.

Delivery
You must provide us with accurate shipping information, so that we can timely deliver Products
to you. You are responsible for providing us with accurate shipping information for deliveries and
for keeping the shipping information for your Account up-to-date. If you provide us with a
shipping address that is invalid or where you cannot securely accept Products upon delivery, or
if you do not keep your shipping information up-to-date, you are solely responsible for any
resulting loss, theft, or damage to the Products. Following delivery to the designated address,
as between you and us, you will be solely responsible for the condition of each Product until you
return such Product (including while they are in transit). We reserve the right to reject, cancel, or
prohibit any rentals or sales of Products for any reason.
Returns and Lost Items
Returning Purchased Products: Certain purchased Products may be eligible for return,
subject to a restocking fee, as will be indicated on our Site and App prior to purchase. To return
eligible Products, please see our Return Policy , which is incorporated by reference herein.
Such Products must be returned within 7 days of delivery in the same condition in which they
arrived to be eligible for a refund. Purchases of Products are intended for personal use by our
customers. If we notice an unusual pattern of returns activity, we may terminate or suspend your
Account, charge your Payment Method the Original Retail or Comparable Value price of the
Product, and/or take other legal action. Purchased Products marked as Final Sale are not
eligible for return.
Returning Rented Products: You agree to return each Product (other than Products that you
purchase) to WellCapped by the return date for such Product identified in your online account,

immediately when you “mark” an item as returning, and/or the applicable invoice for your order
or as otherwise set forth in these Terms (the “Product Return Date”). We may, but are not
required to, permit you to extend your rental period for a Product (including by contacting us),
subject to prepayment of any additional fees applicable to that Product for the period of time of
the extension. Products ordered using the Membership Services do not have to be returned until
you mark your Products as “returning” or you Cancel or Pause your Membership Services (see
our FAQs for “How do I cancel my membership?” and “How to Pause a Membership Service”
sections for more information). Failure to timely return a Product is a violation of our Terms, and
we may terminate your Account, charge your Payment Method for Late Fees up to the
Maximum Late Fee, and/or take other legal action.
Lost Items: We are not responsible for any personal or other items left in the Products or which
are returned to WellCapped in the Return Packaging. If you believe you have accidentally or
otherwise sent any such items to us, please contact customer service as soon as possible
at hello@wellcapped.com. We may, but are not required to, assist you in attempting to locate
such items at your request, and we assume no responsibility or liability if we attempt to locate
such items. Failure to timely return a Product is a violation of our Terms, and we may terminate
your Account, charge your Payment Method for Late Fees up to the Maximum Late Fee, and/or
take other legal action.
Drop-Off Locations: none
Returning by Mail: If you use the Return Packaging that we provide, you must use the shipping
carrier specified on the pre-paid shipping label included with the Return Packaging. WellCapped
will not be responsible for loss, theft, or damage to Products that are shipped back to us using
any carrier other than the carrier that is specified on our Return Packaging and/or the return
label provided for the return of a purchased product (“Return Label”), or for any fees or
expenses that you incur due to delays in WellCapped receiving the Product. WellCapped does
not ship Products outside of the United States, and you may not return Products to us from
outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be
responsible for returning the Product to us in your own packaging, at your own expense.
Furthermore, you acknowledge that using any packaging or shipping carriers other than our
Return Packaging and the carrier specified thereon may result in delivery delays and additional

delivery fees for which WellCapped will not be liable. You will be solely liable for all such delays,
Late Fees, additional delivery fees, and any damage to Products.
WellCapped Partners
We may, from time to time, permit you to have rental Products shipped to our third-party
partners. If you choose to have rental Products shipped to such third-party partners,
notwithstanding anything to the contrary in these Terms, you must return such rental Products,
using the Return Packaging, to our third-party partners, unless we expressly permit you to
otherwise return the rental Products in accordance with these Terms.
Billing and Payments
How Payments Work
When you place a rental order for a Product, you hereby authorize WellCapped to charge your
payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must
ensure that at all times your Payment Method is valid and up-to-date. You are responsible for
providing complete and accurate billing and contact information to WellCapped and notifying
WellCapped of any changes to such information. WellCapped will charge your Payment Method
the amount of the Rental Fee immediately upon your rental order. A reservation of a Product
through the Services is an order for the rental of that Product, regardless of how far in advance
that Product is reserved. In addition, at the time of your rental order for a Product, you hereby
authorize WellCapped to charge your Payment Method for an amount up to the Original Retail
or Comparable Value price of the Product set forth on the applicable Service plus applicable
sales taxes; provided that WellCapped will only charge your Payment Method for an amount
that is greater than the Rental Fee as described in these Terms. Rental Fees exclude all federal,
state, and local taxes, goods and service tax, fees, customs, duties, levies, and other
governmental assessments, all of which shall be paid by you directly or, if paid by WellCapped,
shall be paid by you to WellCapped in connection with your rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid
Services through a payment account linked to your account (your “Billing Account”). By
choosing to use Paid Services, you agree to pay us, through the Payment Processor, all
charges at the prices then in effect for any use of such Paid Services in accordance with the
applicable payment terms, and you authorize us, through the Payment Processor, to charge
your chosen Payment Method. You agree to make payment using that selected Payment
Method, but if the Payment Processor is not able to charge your preferred Payment Method,
you authorize us to use any Payment Method stored on record for your Billing Account. We
reserve the right to suspend or cancel a rental order or terminate your access to the Services in

the event that we are unable to successfully charge the provided Payment Method. We are not
responsible for errors by the Payment Processor, and we reserve the right to correct any errors
or mistakes that we or the Payment Processor make(s) even if we have or our Payment
Processor has already requested or received payment. If we, through the Payment Processor,
do not receive payment from you, you agree to pay all amounts due on your Billing Account
upon demand.
How Recurring Billing and Auto-renewal Work
Some of the Paid Services are offered as a subscription that may consist of an initial period, for
which there will be an initial charge, followed by recurring period charges as agreed to by you
(“Membership Services”). If you choose a Membership Service, your Payment Method will be
charged the then-current applicable rate (including all applicable taxes and fees) on the date
that you sign up for such Membership Service. This date is your “Billing Date.” The applicable
fee will automatically renew, meaning your Payment Method will be automatically charged the
then-current applicable rate for the Membership Service during each subsequent month until
you Pause or Cancel (each as defined below) the Membership Service or terminate your
Account. Recurring charges will occur on a going-forward basis each month on or about the
same date as your Billing Date (however, if your Billing Date does not exist in a given month,
you will be billed on or around the last day of that month). The period between your Billing Dates
is referred to as a “Billing Period.” As of your first Billing Date, the Membership Services are
available to you, subject to these Terms. Your Account will remain active and you will remain
eligible to participate in the Membership Services for subsequent Billing Periods after we
successfully receive your payment for each applicable Billing Date. If you do not want to
continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable
Membership Service or terminate your Account before the end of the then-current Billing Period.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have
an initial and recurring payment feature and you accept responsibility for all recurring charges
prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT
OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION
OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not
affect charges that have already been submitted or are in process.
To change your Payment Method, go to your account settings.
Information Provided by Customers

You must provide current, complete, and accurate information for your Billing Account. You must
promptly update all information to keep your Billing Account current, complete, and accurate
(such as a change in billing address, credit card number, or credit card expiration date). If your
Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a
potential breach of security, such as the unauthorized disclosure or use of your User ID or
password, you must promptly notify us and update your Payment Method. Changes to such
information can be made in your account settings. IF YOU FAIL TO PROVIDE ANY OF THE
REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE
AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT
METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR
BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES
OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
Payment Authorization
If the amount to be charged to your Billing Account varies from the amount you preauthorized
(other than due to the imposition or change in the amount of state taxes), we shall provide
notice of the amount to be charged and the date of the charge before the scheduled date of the
transaction. Any agreement you have with your payment provider will govern your use of your
Payment Method. You agree that we may accumulate charges incurred and submit them as one
or more aggregate charges during or at the end of each Billing Period.
Your non-termination or continued use of a Membership Service reaffirms that we (and/or our
Payment Processor) are authorized to charge your Payment Method for that Membership
Service. We may submit those charges for payment and you will be responsible for such
charges. This does not waive our right to seek payment directly from you. Your charges may be
payable in advance, in arrears, per usage, or as otherwise described when you initially selected
to use the Membership Service.
Pausing and Cancelling Services
How to Pause a Membership Service
We may, but are not obligated to, permit you to put your Membership Service on hold for one or
more Billing Periods (a “Pause”). If you wish to Pause your Membership Service Without Items,
you must return each Product still in your possession by your next Billing Date, in accordance
with these Terms, for the Pause to go into effect. If you choose to Pause your Membership
Service Without Items, but you do not return each Product in your possession prior to your next
Billing Date, your Membership Service will not be Paused and you may continue to be charged
your monthly Membership Service fee, unless otherwise noted in the relevant FAQ. If you wish

to Pause your Membership Service With Items, you may keep the number of Products still in
your possession that correspond to your Pause your Membership Service With Items in
accordance with these Terms.
Once Paused, we will provide notice to you on and before the date that your Membership
Service reactivates. You can reactivate your Membership Service during a Pause at any time
prior to the set date of reactivation. The date that your Membership Service reactivates will
become your new monthly Billing Date when you will be charged the then-current applicable
rate (including all applicable taxes and fees) for such Membership Service, and your Billing
Period will be measured from your new Billing Date. Please see our FAQ Section for more
information regarding Pauses (including how to initiate a Pause or reactivate your Membership
Service).
How to Cancel your Account or a Membership Service
You may terminate your Account or your Membership Service (“Cancel”) at any time. If you
Cancel your Membership Service, you may use the Membership Service until the end of your
then-current Billing Period and your membership will not be renewed after the expiration of your
then-current Billing Period. You must return all Products in your possession in accordance with
these Terms no later than the expiration of your then-current Billing Period or the return date in
the applicable online invoice (whichever is earlier) to avoid incurring additional charges,
including late fees. Please see our FAQ Section for more information regarding how to Cancel
your Account or your Membership Service, and applicable late fees.
Please note that you will not receive any refunds for amounts already paid for the Membership
Services, and you will still be responsible for payment of any fees or charges (including, without
limitation, all Rental Fees) incurred by you prior to termination of your Membership Service.
Membership Services cannot be terminated before the end of the Billing Period for which you
have already paid, and except as expressly provided in these terms, WellCapped will not refund
any fees that you have already paid.
WellCapped is also free to suspend, limit, or terminate your access to or use of the Services or
your Account, for any reason in our discretion, including your breach of these Terms.
The following provisions survive expiration or termination of these Terms (or your Account):
“Changes,” “Late Fees,” “WellCapped Packaging,” “Returns and Lost Items,” “Your Content,”
“Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,”
“Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver;
Severability,” and “Entire Agreement.”

How to Cancel a Reserve Order
You may cancel a Product ordered using our Reserve Service subject to our cancellation fees
and policies. Please see our FAQ Section for more information regarding our Reserve Service
cancellation fees and policies.
Free Trials and Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the
specified time of the trial. At the end of your free trial or promotion, you will be signed up to use
the applicable Paid Service and charged in accordance with these Terms, unless you Cancel
the Paid Service in accordance with these Terms. Please note that any payment terms
presented to you in the process of using or signing up for a free trial or other promotion are
deemed part of these Terms.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively,
“Promotions”) made available through the Services may be governed by rules that are separate
from this Agreement. If you participate in any Promotions, please review the applicable rules, as
well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the
Promotion rules will govern.
Gift Cards
General Conditions
The following additional terms and conditions apply to the sale, use, and redemption of
WellCapped physical gift cards and electronic-only “digital” gift cards and gift credits
(collectively, “Gift Cards”). Purchase and use of a Gift Card constitutes acceptance of these
terms. In addition to the terms in this Section, the purchase, use, and redemption of Gift Cards
is considered part of the Services subject to these Terms generally.
Redemption and Use
Gift Cards may be purchased online. Gift Cards are redeemable only for eligible Services and
merchandise through our Services. Limits may apply to Gift Card redemption and use at
WellCapped’s discretion, and as stated in the Services or on the Gift Card packaging. A Gift
Card cannot be used to purchase other Gift Cards. When a Gift Card is redeemed, the value of
the rental or purchase plus any shipping/handling/delivery fees and sales tax will be deducted
from the currently available Gift Card balance.

Additional Terms for Digital Gift Cards
Digital Gift Cards are only issued electronically; no physical card will be provided. The digital Gift
Card number will be delivered to the recipient’s email address that the purchaser provides at
time of purchase of the digital Gift Card. Purchaser is responsible for providing an accurate and
deliverable recipient email address. Recipients will usually receive a digital Gift Card via email
within 24 hours, or on the delivery date the purchaser chooses. Digital Gift Cards may be
redeemed by providing the digital Gift Card number at the time of checkout online on our
Services.
Expiration and Fees
Gift Cards do not expire and are not subject to any fees. Gift Cards are not redeemable or
exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not
refundable. Gift Cards cannot be transferred for value.
Lost, Stolen, or Damaged Cards; Unauthorized Use
You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for
Gift Cards passes to the purchaser upon sale. WellCapped reserves the right to refuse to accept
Gift Cards that WellCapped believes were fraudulently or illegally obtained. WellCapped is not
responsible if a Gift Card is lost, stolen, destroyed, damaged, or used without permission. Gift
Cards will be replaced if lost, stolen, or damaged only with proof of purchase and only for the
value shown on WellCapped’s records. WellCapped is not responsible if your Gift Card is used
without your permission.
LIMITATION OF LIABILITY
IN ADDITION TO THE GENERAL “LIMITATIONS OF LIABILITY” SECTION SET FORTH
BELOW, IN THE EVENT THAT WellCapped IS FOUND LIABLE TO YOU FOR A CLAIM
ARISING FROM A GIFT CARD, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO
RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST
BALANCE HELD ON YOUR GIFT CARD.
Customer Service; Check Balance
Please see our FAQ Section for assistance regarding Gift Cards (including on how to check Gift
Card balance).
Referral Program
How it Works

If you have an Account, you may be eligible to participate in the WellCapped Refer a Friend
Program (the “Refer a Friend Program”). More details about the Refer a Friend Program can be
found in our FAQ Section.
Under the Refer a Friend Program, WellCapped may provide you with the opportunity to send
invites containing a unique referral code (each, an “Invitation”) to others to use WellCapped’s
Paid Services at a promotional rate (each, a “Referral”). If your Referral is a qualified referral, he
or she will receive the promotion indicated on the Invitation when he or she redeems the
Invitation, and we may, but are not required to, also provide you a reward (a “Referral Reward”).
Please see our FAQ Section for more details regarding requirements for qualified referrals.
Referral Rewards will be reflected in your Account after the requirements for a qualified referral
have been met. You may be required to pay taxes, and we may be required to withhold taxes,
on the value of redeemed Referral Rewards if the value exceeds certain thresholds. We may, in
our sole discretion, place limitations or caps on the maximum amount of Referral Rewards that
you can receive in any period of time. Please see our FAQ Section for limitations or caps on
Referral Rewards.
Restrictions that Apply
You may not redeem Invitations or earn Referral Rewards by (i) promoting your Invitation (or its
unique referral code) through paid marketing, such as search engine or social media marketing
(e.g., Facebook, AdWords, Yahoo), (ii) posting your Invitation (or its unique referral code) on any
public forum or coupon site where you are not the primary content owner (e.g., you may post a
referral link on your personal social media account, but you may not post it on a site like
RetailMeNot), (iii) using the Services in violation of these Terms, or (iv) violating any other
restriction that we may impose on participants in the Refer a Friend Program.
You may not obtain any cash or money in exchange for Referral Rewards. You are responsible
for notifying WellCapped if you believe the number of Referral Rewards in your Account is
incorrect.
WellCapped reserves the right to modify, suspend or terminate the Refer a Friend Program, in
part or in whole, at any time, for any reason, or, upon reasonable notice to you (including by
email), to void or remove Referral Rewards from an Account at any time. All Referral Rewards
will be voided immediately upon termination of these Terms or if you Cancel your Account.
CONTENT

Ownership and Use of Intellectual Property
Our Content
We and/or our suppliers and licensors own the Products and Services (including related
software, code, data, and information relating thereto), and proprietary methods and systems
used to provide the Services (collectively, “Our Property”), the materials, text, graphics, data,
articles, photos, images, illustrations, information, and other content made available or
displayed by us through the Services (collectively, “Our Materials”), and certain of the
trademarks, service marks, names, and logos, including, but not limited to, WellCapped
(“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree
and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual
property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors.
Except as expressly permitted in these Terms, Content may not be copied, modified,
reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise
used in any way without our prior written permission and the prior written permission of our
applicable licensors.
Subject to these Terms, and solely for so long as you are permitted to use the Services, we
grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and
license to (a) install, access, and use our App on any single, compatible, personal device that
you own or control, and (ii) access and use the other aspects of the Services, in each case
solely for your own personal, noncommercial use. The App is licensed (not sold) to you. If you
fail to comply with any of the terms or conditions of these Terms, you must immediately cease
using the App and remove (that is, uninstall and delete) the App from your mobile device. You
promise to abide by all copyright notices, trademark rules, information, and restrictions
contained in or attached to any Content, and that you won’t use, copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell,
commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these
Terms), create derivative works based on, or otherwise exploit any of the Content or Services.
You may not use our trade names, trademarks, service marks, or logos in connection with any
product or service that is not ours, or in any manner that is likely to cause confusion. Nothing
contained on the Site should be construed as granting any right to use any trade names,
trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content

Anything that you post, upload, share, store, provide, or otherwise make available through the
Services is a “User Submission.” We do not guarantee any confidentiality with respect to your
User Submissions, and they may be viewable by others. You are solely responsible for all User
Submissions that you submit or otherwise provide to the Services. You represent that (a) all of
your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms
and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights,
licenses, consents, and permissions, without the need for any permission from or payment to
any other person or entity, to exploit and to authorize us to exploit your User Submissions in all
manners contemplated by these Terms. You waive all moral rights in User Submissions which
may be available to you in any part of the world and confirm that no such rights have been
asserted. No User Submissions will be subject to any obligation, whether of confidentiality,
attribution or otherwise, on our part and we will not be liable for any use or disclosure of any
User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials
(“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a
User Submission, and you hereby acknowledge and agree that such Feedback is not
confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without
restriction, and does not place WellCapped under any fiduciary or other obligation.
You hereby grant to WellCapped and our affiliates a perpetual, non-exclusive, irrevocable,
fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part)
worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit,
distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and
otherwise fully exploit User Submissions in connection the Services and our (and our
successors’ and assigns’) businesses, including without limitation for promoting, marketing,
advertising, and redistributing part or all of the Site or the Services (and derivative works
thereof) in any media formats (whether now existing or hereafter created or discovered) and
through any media channels, whether now existing or hereafter created or discovered
(including, without limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter,
or remove any information (including all User Submissions received from you), and to monitor,
review or analyze your access to or use of the Services, in each case, by manual, automated or
other means, and in each case for any purpose, including such purposes as may be described
in the Privacy Policy. We may take appropriate action against you or your User Submissions if
you violate our rights or the rights of any third party or any other provision of these Terms. This

may include, but is not limited to, removing or modifying User Submissions, terminating your
account, and/or reporting you to law enforcement authorities. You acknowledge that all Content,
including User Submissions, accessed by you while using the Services is at your own risk and
you will be solely responsible for any damage or loss to you or any other party resulting
therefrom.
Use Restrictions
You represent, warrant, and agree that you will not post, upload, share, store, provide, or
otherwise make available any User Submission, otherwise access or use the Content, Products
or Services or interact with the Services in a manner that:
Infringes, misappropriates, or otherwise violates the intellectual property rights or any
other rights of anyone else (including WellCapped);
Violates any law, rules, or regulation, including, without limitation, any applicable export
control laws or privacy laws;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory,
libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or
threatening to any group defined by race, religion, gender, national origin, or sexual
orientation or otherwise offensive or objectionable, or is for any commercial purpose or is
used for any purpose not reasonably intended by WellCapped;
Jeopardizes the security of your or any other WellCapped user’s Account (such as by
allowing someone else to log in to your Account);
Attempts, in any manner, to obtain the WellCapped User ID, password, Account, or other
security information of or from any other WellCapped user or impersonates any other
person, including but not limited to a WellCapped representative;
Violates the security of any computer network, or cracks any passwords or security
mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware,
or other computer code, file, or program that is potentially harmful or invasive or intended
to damage or hijack the operation of, or to monitor the use of, any hardware, software, or
equipment;

Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Services, or
any processes that run or are activated while you are not logged into the Services, or
that otherwise interferes with the proper working of the Services (including by placing an
unreasonable load on the Services’ infrastructure);
Restricts or prohibits any other person from using the Services;
Frames or mirrors any portion of the Services, or otherwise incorporates any portion of
the Services into any product or service, without our express prior written consent;
Removes or obscures any copyright, trademark, or other proprietary notice from the
Services;
Uses any robot, spider, site search/retrieval application, or other manual or automatic
device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or
reproduce or circumvent the navigational structure or presentation of the Site, without
our express prior written consent. Notwithstanding the foregoing, and subject to
compliance with any instructions posted in the robots.txt file located in the Site’s root
directory, WellCapped grants to the operators of public search engines permission to use
spiders to copy materials from the Site for the sole purpose of (and solely to the extent
necessary for) creating publicly available, searchable indices of such materials, but not
caches or archives of such materials. WellCapped reserves the right to revoke such
permission either generally or in specific cases, at any time and without notice;
Systematically copies or stores any portion of the Content;
Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source
code or underlying ideas or information of or relating to the Products or Services, except
to the extent that such restriction is expressly prohibited by applicable law;
Displays material that exploits children under 18 years of age or posts, collects, or
discloses any personal information (including names) or private information about such
children; or
Posts or transmits any unsolicited advertising, promotional materials, or any other forms
of solicitation, including without limitation solicitations of credit card numbers,

solicitations for sponsors, or promotion of raffles or contests or any other businesses or
services.
You are also responsible for obtaining, maintaining, and paying for all hardware and all
telecommunications and other services needed to access or use the Services. A violation of any
of the foregoing is grounds for termination of your right to use or access the Services.
Third Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available
access to, third-party websites, services, information, services, products, or other materials that
are not owned or controlled by WellCapped (“Third Party Materials”), or allow for the routing or
transmission of such Third Party Materials, including via links. When you access or use any
Third Party Materials, you are directing us to access, route and transmit to you the applicable
Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any
additional terms, conditions, and policies applicable to such Third Party Materials (such as terms
of service or privacy policies of the providers of such Third Party Materials).
WellCapped has no control over, does not endorse, and assumes no responsibility for, any Third
Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness,
quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party
Materials. In addition, WellCapped has no obligation to monitor, verify, censor, or edit the
content of any Third Party Materials, and we may block or disable access to any Third Party
Materials (in whole or in part) through the Services at any time. In addition, the availability of any
Third Party Materials through the Services does not imply our endorsement of, or our affiliation
with, any provider of such Third Party Materials, nor does such availability create any legal
relationship between you and any such provider. We encourage you to be aware when you
leave the Services and to read the terms and conditions and privacy policy of each third-party
website or service that you access or use. By accessing or using the Services, you release and
hold us harmless from any and all liability arising from your access to or use of any Third Party
Materials.
If there is a dispute between participants on this site or Services, or between users and any third
party, including in connection with any Third Party Materials, you agree that WellCapped is
under no obligation to become involved and you are solely responsible for such disputes.
Ratings and Reviews

Our Services may allow you to rate and post reviews of Products. Any ratings or reviews
provided by you are considered User Submissions and are governed by these Terms. Ratings
and reviews are not endorsed by WellCapped, and do not represent the views of WellCapped or
of any affiliate or partner of WellCapped. WellCapped does not assume liability for any ratings
and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews.
We reserve the right to modify, remove, or exclude any rating and/or review for any reason at
any time, without notice.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that materials available on the Services infringe your
copyright, you (or your agent) may send to WellCapped a written notice by mail, email, or fax,
requesting that WellCapped remove such material or block access to it. If you believe in good
faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA
permits you to send to WellCapped a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for
details. Notices and counter-notices must be sent in writing to WellCapped as follows: by mail to
WellCapped, Inc., []; by email to legal@wellcapped.com;
Additional Terms for Mobile Applications
In addition to your agreement with the foregoing terms and conditions, and notwithstanding
anything to the contrary herein, the following provisions apply with respect to your use of any
version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not
a party to these Terms and does not own and is not responsible for the App. Apple is not
providing any warranty for the App except, if applicable, to refund the purchase price for it.
Apple is not responsible for maintenance or other support services for the App and shall not be
responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to
the App, including any third-party product liability claims, claims that the App fails to conform to
any applicable legal or regulatory requirement, claims arising under consumer protection or
similar legislation, and claims with respect to intellectual property infringement. Any inquiries or
complaints relating to the use of the App, including those pertaining to intellectual property
rights, must be directed to WellCapped in accordance with the “Information or Complaints”
section below. The license you have been granted herein is limited to a non-transferable license
to use the App on an Apple-branded product that runs Apple’s iOS operating system and is
owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s
App Store Terms of Service. In addition, you must comply with the terms of any third-party

agreement applicable to you when using the App, such as your wireless data service
agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and,
upon your acceptance of the terms and conditions of the Terms, will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a third-party
beneficiary thereof. Notwithstanding the foregoing, WellCapped’s right to enter into, rescind, or
terminate any variation, waiver, or settlement under these Terms is not subject to the consent of
any third party.
MISCELLANEOUS
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE WellCapped
PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A)
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES
OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE
GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY
YOU TO WellCapped IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH
PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER
BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR
TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
WellCapped PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE WellCapped PARTIES
SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Neither WellCapped nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated
entities, and each of their respective officers, directors, members, employees, consultants,
contract employees, representatives, and agents, and each of their respective successors and
assigns (WellCapped and all such parties together, the “WellCapped Parties”) make any
representations or warranties concerning the Services, including without limitation regarding any

content contained in or accessed through the Services or any Products, and the WellCapped
Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or
decency of material contained in or accessed through the Services or any claims, actions, suits
procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your
participation in or use of the Services. We make no warranty that the Products or Services will
meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free;
nor do we make any warranty as to the results that may be obtained from the use of the
Products, or Services, or that defects in the Products or Services will be corrected. The Services
may become unavailable due to maintenance or malfunction of computer equipment or other
reasons. You understand and agree that you will be solely responsible for any damage to your
computer or loss of data that results from the download of any material in any way related to the
Services and/or our Content. No advice or information, whether oral or written, obtained by you
from us through the Services or otherwise will create any warranty, representation, or guarantee
not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES,
PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY
WellCapped (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS
AVAILABLE” BASIS, AND WellCapped HEREBY DISCLAIMS ALL REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Couriers
WellCapped may from time to time engage third-party couriers (“Couriers”) to facilitate delivery
of Products. Couriers are independent contractors and not employees, partners, agents, joint
ventures, or franchisees of WellCapped. WellCapped shall not be liable or responsible for any
delivery services provided by Couriers, or any errors or misrepresentations made by any of
them. If you opt to have Products delivered by Courier, you agree to bear responsibility for
receipt of Products shipped to the delivery location specified at time of check out. WellCapped
highly recommends that you provide a secure location where you can physically receive
Product(s) (including from a Courier), and WellCapped does not bear liability for Products left
unattended, by you, a Courier, or otherwise. You hereby acknowledge that WellCapped does
not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or

disputes between you and a courier are solely between you and that courier. WellCapped and
its licensors shall have no liability, obligation or responsibility for any interaction between you
and any courier.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including
informational text messages (such as for purposes of notifying you about the status of your
order, sending you reminders, facilitating secondary authentication, and providing other
transactional information) to the phone number that you provide by any means, including
through an automated telephone number dialing system. You represent and warrant that you
are the owner of the phone number that you provide when you create an Account. Standard text
messaging and data rates charged by your mobile carrier may apply to the text messages we
send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You
may opt out of receiving communications by following the unsubscribe procedures we provide to
you. In the case of text messages, you may opt out by replying "STOP" to a text message you
receive from us or by emailing help@wellcapped.com. You acknowledge that opting out of
receiving communications may impact your use of the Services. Please note also that you will
need to opt out of communications for each Service that you sign up for. You agree to indemnify
and hold WellCapped harmless from and against any and all claims, liabilities, damages (actual
and consequential), losses and expenses (including attorneys’ fees) arising from or in any way
related to your breach of the foregoing.
Export Control
You are responsible for complying with United States export controls and for any violation of
such controls, including any United States embargoes or other federal rules and regulations
restricting exports. You represent, warrant and covenant that you are not (a) located in, or a
resident or a national of, any country subject to a U.S. government embargo or other restriction,
or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on
any of the U.S. government lists of restricted end users.
Indemnity
You agree to indemnify and hold the WellCapped Parties harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including
attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand
(“Claims”) relating to (i) your access to and use of the Services (including any actions taken by a
third party using your account) and any Products rented from us (including any failure to return
such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable
law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any

third-party right, including any intellectual property right or publicity, confidentiality, other
property, or privacy right, and (v) any dispute or issue between you and any third party, including
any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to
provide notice of the Claim to the contact information we have for your account (provided that
failure to deliver such notice shall not eliminate or reduce your indemnification obligations
hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or
your Account, in any way (including by operation of law or otherwise) without WellCapped's prior
written consent. We may transfer, assign, or delegate these Terms and our rights and
obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States
(including federal arbitration law) and the laws of the State of New York, without regard to the
conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will
be referenced herein as the “Arbitration Agreement”) because it requires you to arbitrate certain
disputes and claims with WellCapped and limits the manner in which you can seek relief from
WellCapped. Both you and WellCapped acknowledge and agree that for the purposes of any
dispute arising out of or relating to the subject matter of these Terms, WellCapped's officers,
directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of
these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you as the third-party
beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best
efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the
subject matter of these Terms directly through good-faith negotiations, which shall be a
precondition to either party initiating arbitration. If such negotiations do not resolve the dispute,
such dispute shall be finally settled by binding arbitration in accordance with this Arbitration
Agreement. The arbitration will proceed in the English language, in accordance with the
American Arbitration Association under its Consumer Arbitration Rules, as amended by this
Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes. The Consumer

Arbitration Rules are available online at
https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will
conduct hearings, if any, by teleconference or videoconference, rather than by personal
appearances, unless the arbitrator determines upon request by you or by us that an in-person
hearing is appropriate. Any in-person appearances will be held at a location which is reasonably
convenient to both parties with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, such determination should be
made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this
Agreement and will be final and binding. The arbitrator will have authority to award temporary,
interim or permanent injunctive relief or relief providing for specific performance of this
Agreement, but only to the extent necessary to provide relief warranted by the individual claim
before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in
any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this
Agreement will preclude you from bringing issues to the attention of federal, state, or local
agencies and, if the law allows, they can seek relief against us for you.
(b) Class Action Waiver. You agree that any arbitration under these Terms will take place on an
individual basis; class arbitrations and class actions are not permitted and you are agreeing to
give up the ability to participate in a class action. Notwithstanding anything to the contrary in this
Arbitration Agreement or any other provision of these Terms or in the American Arbitration
Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or
validity of the foregoing class action waiver may be resolved only by a civil court of competent
jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class,
collective, or representative action, and (ii) there is a final judicial determination that all or part of
such class action waiver is unenforceable, then the class, collective, and/or representative
action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of
such class action waiver that is enforceable shall be enforced in arbitration.
(c) Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve
disputes using arbitration, both you and WellCapped may assert claims, if they qualify, in small
claims court in New York County, New York or any United States county where you live or work.
Furthermore, both you and WellCapped will have the right to pursue injunctive or other equitable
relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened
infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets,
patents, or other intellectual property rights.

(d) Waiver of Jury Trial. You and WellCapped are each waiving the right to trial by a jury and
instead choosing to have claims and disputes resolved by arbitration. Except for disputes that
qualify for small claims court, all disputes arising out of or related to these Terms or any aspect
of the relationship between you and WellCapped, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration
Agreement. Except as provided above regarding the class action waiver, such disputes include,
without limitation, disputes arising out of or relating to interpretation or application of this
arbitration provision, including the enforceability, revocability or validity of the arbitration
provision or any portion of the arbitration provision. All such matters shall be decided by an
arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration
requirement shall not apply to disputes to the extent relating to the interpretation or application
of the class action waiver above, including its enforceability, revocability, or validity.
(e) Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits
either you or WellCapped to litigate any dispute arising out of or relating to the subject matter of
these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and
both you and WellCapped agree that any judicial proceeding (other than small claims actions)
will be brought in the state or federal courts located in New York County, New York.
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third
parties contained above is found to be unenforceable, then all of the preceding language in this
Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the
termination of your relationship with WellCapped.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you in limiting access to material
that is harmful to minors. Information identifying current providers of such protections is
available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please
note that WellCapped does not endorse any of the products or services listed on such site.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local
goods and services taxes, duties, customs, duties, levies, and other governmental assessments
associated with your activity in connection with the Services (including any purchase or rental of
any Products and Membership Services), provided that WellCapped may, in its sole discretion,
do any of the foregoing on your behalf or for itself as it sees fit.

Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a
waiver of any further rights hereunder. If any provision of these Terms is found to be
unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent
necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The
Services may become unavailable due to maintenance or malfunction of computer equipment or
other reasons. You agree that WellCapped is not, and will not be, liable for any such delays,
omissions, inaccuracies, or unavailability.
Entire Agreement
You and WellCapped agree that these Terms are the complete and exclusive statement of the
mutual understanding between you and WellCapped, and that these Terms supersede and
cancel all previous written and oral agreements, communications, and other understandings
relating to the subject matter of these Terms. You hereby acknowledge and agree that you are
not an employee, agent, partner, or joint venture of WellCapped, and you do not have any
authority of any kind to bind WellCapped in any respect whatsoever.
Notice to New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms do not
apply to you (and do not limit any rights that you may have) to the extent that they are
unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental,
consequential, special, exemplary, or punitive damages of any kind (for example, to the extent
unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act,
New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the
limitations of liability for lost profits or loss or misuse of any data (for example, to the extent
unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer
Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise
under contract and tort, including negligence, strict liability, or any other theory (for example, to
the extent such damages are recoverable by a consumer under New Jersey law, including the
New Jersey Products Liability Act); (d) the requirement that you indemnify the WellCapped
Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey
law); and (e) the New York governing law provision (for example, to the extent that your rights
as a consumer residing in New Jersey are required to be governed by New Jersey law).

Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may
contact us at hello@wellcapped.com. For any questions related to Services or Products, please
contact us at hello@wellcapped.com. Please note that email communications will not
necessarily be secure; accordingly you should not include credit card information or other
sensitive information in your email correspondence with us. California residents may reach the
Complaint Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone
at (916) 445-1254 or (800) 952-5210.
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