PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE WERC SHOP, LLC. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS, YOU AND THE WERC SHOP AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SEE SECTION 14 FOR DETAILS AND HOW TO OPT OUT.
1. The Parties and These Terms
Entour is a brand of The Werc Shop, LLC ("The Werc Shop", "Entour", "we", "us", or "our"). These Terms of Use ("Terms" or "Agreement") govern your access to and use of entourbrand.com, the subdomains and websites of thewercshop.com, and any related products, services, or features (together, the "Services"). By accessing or using the Services, clicking a button or checkbox to accept these Terms, or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Eligibility
By using the Services, you represent that:
- You have read, understood, and agree to be bound by these Terms and any future updates published at this URL.
- You are at least 18 years of age.
- You have full authority to enter into this Agreement personally or on behalf of a business you represent.
- Your use of the Services will comply with all applicable laws of the country, state, and city where you are located.
- If you are purchasing on behalf of a business, you have the authority to bind that business.
3. Access
License
Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable license to access and use the Services for your own personal or internal business use. We may modify, suspend, or terminate the Services or your access at any time, with or without notice.
Account Security
You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at erby@thewercshop.com if you suspect unauthorized access.
No Resale of Access
You may not resell, sublicense, or share your access to the Services or any account with any third party without our prior written consent.
4. Acceptable Use
You agree that you will not:
- Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose.
- Use the Services in a way that causes a nuisance, annoyance, or inconvenience to others.
- Violate the publicity, privacy, or intellectual property rights of any third party.
- Copy, redistribute, or republish content from the Services other than for your personal, non-commercial use.
- Submit information to us that is false or misleading.
- Interfere with, damage, disable, or overburden the Services, our servers, or our networks.
- Attempt to gain unauthorized access to any portion of the Services or related systems.
- Use any robot, spider, scraper, or other automated means to access, monitor, or copy the Services without our written permission.
- Impersonate any person or entity, or create multiple accounts under false identities.
- Report security vulnerabilities responsibly to us at erby@thewercshop.com instead of exploiting them.
5. Products and Pricing
Entour products are botanical terpene formulations intended for use by qualified businesses in the cannabis, hemp, food and beverage, personal care, and related industries. All products are sold for lawful use only. You are solely responsible for ensuring that your intended use complies with all applicable laws and regulations in your jurisdiction.
We have made every effort to display the colors, images, and details of our products as accurately as possible. We cannot guarantee that your display will render colors exactly. All prices, descriptions, and availability are subject to change at any time without notice. We may limit quantities or refuse any order at our sole discretion. We do not warrant that any product will meet your expectations or that any errors in the Services will be corrected.
6. Orders, Payment, and Taxes
Orders are subject to acceptance and availability. Payment is processed by Square. By placing an order you authorize us and Square to charge your selected payment method for the order total, including product price, shipping, applicable taxes, and any other charges shown at checkout.
California sales tax is calculated based on the city and county of the shipping address using rates published by the California Department of Tax and Fee Administration (CDTFA). We do not currently collect sales tax outside California; you are responsible for any use tax owed in your jurisdiction.
If your payment is declined, your order may be cancelled. If we discover a pricing or description error after you place an order, we will contact you and either honor the corrected price, allow you to cancel, or refund your payment.
7. Shipping
We ship throughout the United States and to many international destinations. International customers should contact us before placing an order so we can confirm carrier options and any import requirements for your country.
Domestic orders typically ship within 3 to 5 business days of order placement, via UPS, FedEx, or GlobalPost. Shipping rates shown at checkout are calculated in real time using ShipStation based on the carrier, service level, weight, and destination. Delivery times are carrier estimates and are not guaranteed.
Title and risk of loss transfer to you when the carrier takes possession of the shipment.
8. Refunds, Returns, and Exchanges
We offer a 30-day return policy on unopened items. You may request a return within 30 days of receipt provided the item is in its original condition and the container has not been opened.
How to Start a Return
Email erby@thewercshop.com with your order number and the items you want to return. If your return is accepted, we will send a return shipping label and instructions. Items sent back to us without an approved return will not be accepted.
Damages and Issues
Inspect your order on delivery and contact us immediately if any item is defective, damaged, or incorrect so we can investigate and make it right.
Exchanges
The fastest way to exchange an item is to return the original and place a new order for the replacement.
Refunds
Once we receive and inspect your return, we will notify you of approval or rejection. Approved refunds are issued to your original payment method via Square. Processing time on your bank or card statement varies and is outside our control.
9. Intellectual Property
We and our licensors own all right, title, and interest in the Services and all content provided through them, including text, graphics, logos, product imagery, brand marks, software, and lab data. "Entour", "True To Plant", and other product and brand names used on the Services are trademarks of The Werc Shop or its licensors. Nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property other than the limited license described in Section 3. You agree not to remove or obscure any copyright, trademark, or other proprietary notice.
10. Third-Party Content and Links
The Services may contain links to or display content originating from third-party websites. We do not control these third parties, do not endorse their content, and are not responsible for their products, services, privacy practices, or terms. Your use of any third-party content or website is at your own risk.
11. Reporting Infringement or Objectionable Content
If you believe content available through the Services infringes your intellectual property or other rights, or is unlawful, harassing, defamatory, or otherwise objectionable, email legalnotices@thewercshop.com with: a description of the right alleged to be infringed (including registration numbers for any registered IP); the facts that support your claim; the exact URL or location of the material in question; a good-faith statement that the use is unauthorized and not protected by fair use or another defense; and your contact information. By submitting a complaint you represent under penalty of perjury under California law that the statements in it are true and agree to defend and indemnify us against any liability arising from our response. We may, but are not obligated to, investigate complaints and remove content at our sole discretion.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS OUR WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WERC SHOP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR DATA BREACH. OUR AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Scope
You and The Werc Shop agree that any dispute or claim relating to your access to or use of the Services, our products or services, any marketing communications, or your relationship with us as a consumer will be resolved by binding individual arbitration, except that: (1) either party may bring qualifying claims in small claims court so long as the matter remains there and proceeds on an individual basis; and (2) either party may seek equitable relief in court for actual or threatened infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement applies to all claims that arose or are asserted before, on, or after the effective date of these Terms.
Informal Resolution
Before initiating arbitration, you and we agree to attempt to resolve the dispute informally by meeting and conferring by telephone or videoconference. To start this process, email legalnotices@thewercshop.com with your name, account email, order number if any, and a description of your claim. The conference must occur within 60 days after the other party receives the notice, unless extended by mutual agreement. Completion of this informal process is a prerequisite to filing arbitration. Statutes of limitation and filing fee deadlines are tolled during this period.
Arbitration Rules and Forum
This Arbitration Agreement is governed by the Federal Arbitration Act. Arbitration will be administered by JAMS under its rules then in effect. Claims and counterclaims under $250,000 (excluding attorneys' fees and interest) will be subject to JAMS's Streamlined Arbitration Rules; all other claims will be subject to JAMS's Comprehensive Arbitration Rules. JAMS's rules are available at www.jamsadr.com. Payment of filing, administration, and arbitration fees is governed by JAMS's rules; if the arbitrator finds you cannot afford these fees and JAMS does not waive them, we will pay them on your behalf. We will reimburse all such fees for claims with an amount in controversy under $10,000. If JAMS is unavailable, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, videoconference, on written submissions, or in person in the county where you live or another mutually agreed location.
Arbitrator Powers
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitrator may grant any individual relief or remedy available under applicable law. The arbitration will not be consolidated with any other proceeding. The arbitrator's decision is final and binding.
Waiver of Jury Trial and Class Actions
YOU AND THE WERC SHOP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. CLAIMS OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY OTHER CUSTOMER OR USER. IF THIS CLASS WAIVER IS DEEMED UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, NEITHER PARTY IS ENTITLED TO ARBITRATION OF THAT CLAIM AND IT WILL BE RESOLVED IN COURT AS DESCRIBED IN SECTION 15.
Batch Arbitration
If 100 or more similar arbitration demands against The Werc Shop are submitted by or with the assistance of the same law firm or organization within a 30-day period, the arbitration provider will group them into batches of up to 100 demands, with one set of filing and administrative fees and one arbitrator per batch. You agree to cooperate in good faith with this batching process.
Opting Out
You may opt out of this Arbitration Agreement by emailing legalnotices@thewercshop.com within 30 days after first becoming subject to this Agreement. Your notice must include your name, mailing address, email address, and a clear statement that you want to opt out. Opting out has no effect on any other part of these Terms or any other arbitration agreement you have with us.
Survival and Modification
This Arbitration Agreement survives any termination of your account or relationship with us. Any material modifications we make to this Arbitration Agreement will not apply to a claim you already notified us of before the modification.
15. Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in court, both you and The Werc Shop agree that any such claim or dispute will be litigated exclusively in the state or federal courts located in Los Angeles County, California.
16. Indemnification
You agree to indemnify and hold harmless The Werc Shop and its officers, directors, employees, agents, and affiliates from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including reasonable attorneys' fees, arising out of or related to (a) your misuse of the Services, (b) your violation of these Terms, or (c) your violation of any applicable law or third-party right. We may, at our own cost, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.
17. Termination
We may modify or discontinue the Services, or modify, suspend, or terminate your access to the Services, at any time, for any reason, with or without notice and without liability. Provisions that by their nature should survive termination, including Sections 9 through 18, will survive.
18. General
No Joint Venture
Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us.
Choice of Law
These Terms are governed by the laws of the State of California, consistent with the Federal Arbitration Act, without regard to its conflict of laws principles.
Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Electronic Communications
You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Werc Shop with respect to the Services and supersede all prior agreements and understandings.
19. California Civil Code § 1789.3 Disclosure
Under California Civil Code § 1789.3, California consumers are entitled to the following disclosures. The provider of these Services is:
The Werc Shop, LLC
181 W Huntington Drive #106
Monrovia, CA 91016
Email: erby@thewercshop.com
Phone: 714-931-5806
To resolve a complaint about the Services, please contact us using the details above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at 1-800-952-5210.
20. Contact Us
Questions about these Terms? Contact us at erby@thewercshop.com or by mail at the address above.