Terms and Conditions
Terms & Conditions
PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.
These Terms and Conditions (these “Terms”) form a binding legal agreement between Get Waggin Incorporated, a Delaware corporation (“we”, “us”, or “our”) and you regarding the use of the Waggin website and related offerings and services (collectively, the “Site”). By registering an account, purchasing a product (“Product”) on the Site, or otherwise accessing or using the Site, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on this website. By using the Site after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Site.
TERMS OF SALE
Except as otherwise agreed, descriptions, images, references, features, content, specifications, products, price and availability of any Products on the Site are subject to change without notice. We will make reasonable efforts to accurately display the attributes of our Products on the Site. By placing an Order, you represent that the Products will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product. In addition, we may designate certain Products as not eligible for return and the sale of such Products will be final, with notice of such final sale stated in the Product description and/or the Order acceptance confirmation.
Product prices are exclusive of shipping and handling charges, applicable taxes, and certain other charges or fees, all of which will be separately listed during the ordering process. All prices are subject to change at any time without notice. The Site will give you the opportunity to review and confirm your order prior before it is placed.
Any shipping and delivery dates are estimates only and not guaranteed. Actual dates may vary, and we are not liable for any delays in shipment or delivery.
The Site may occasionally contain inadvertent typographical errors or other inaccuracies, including in Product descriptions, pricing, promotions, availability, or other information. We reserve the right to correct such errors or inaccuracies at any time and to change or cancel orders if we determine such actions are appropriate to address such errors or inaccuracies.
By providing us a payment card or other payment method information, you represent and warrant you have the authority to provide such information and authorize us to charge you for the designated amounts. You are responsible for keeping such information up to date. You acknowledge and agree that we may use one or more third-party technologies or banks to facilitate donations and other payments made through the Site, and that such technologies or banks will receive sufficient information regarding you and your payment method as needed to process such payments. We may impose a reasonable hold period on payments, for funding confirmation and anti-fraud purposes.
We may cancel an order at any time prior to shipment, in which case we will promptly refund the applicable purchase price to the original form of payment.
COMMUNITY STANDARDS; RESTRICTIONS
You represent, warrant, and agree that you will not, directly or indirectly: (i) remove any trademark or copyright notices contained in the Site or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Site or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Site or Content; (iv) disassemble, decompile or reverse engineer the Site or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Site or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Site or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Site; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Site; (x) use the Site in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) violate of our published rules, policies, or guidelines.
CONTENT; OWNERSHIP AND LICENSE; FEEDBACK
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Site. All Content is owned by us or our third-party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Site should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Site and Content for your personal, non-commercial use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit.
“Your Content” means any Content submitted to the Site by you. We have the right, but no obligation, to monitor or screen Your Content and remove any of Your Content that we deem objectionable in any way. By submitting any of Your Content, you: (i) represent and warrant that you have all right, title, and interest to do so; (ii) acknowledge that Your Content will not be treated as confidential, and may be publicly visible via the Site; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of Your Content in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Site) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights in any of Your Content.
If you provide feedback, suggestions, improvements, or requests for additional functionality (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on the Site.
We use a third-party e-commerce provider to power our online store. The Site may also contain links to websites owned or operated by third parties. We do not control or endorse such websites and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Site). We do not endorse such third-party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Site, we may (at our discretion) attempt to facilitate a resolution but are under no obligation to do so.
YOUR USE OF THE SITE, CONTENT, AND PRODUCTS IS AT YOUR SOLE RISK AND THE SITE, CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, CONTENT, AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, CONTENT, PRODUCTS, OR FROM THE CONDUCT OF ANY USERS OF THE SITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, CONTENT, OR PRODUCTS, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST SIX MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SITE IS TO DISCONTINUE YOUR USE THEREOF.
RELEASE AND INDEMNITY
To the maximum extent permitted by law, you hereby release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Site, Products, or your violation of these Terms. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense.
CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Site will automatically terminate if you breach these Terms. You may stop using the Site at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF TRIAL AND CLASS ACTION
These Terms are governed by and will be construed in accordance with the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE SITE OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN NEW YORK, NEW YORK UNLESS THE PARTIES MUTUALLY AGREE TO ANOTHER LOCATION. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.
THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO HAVE CLAIMS HEARD IN COURT (EXCEPT AS SPECIFIED ABOVE) AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
You have the right to opt-out and not be bound by the mandatory arbitration provision set forth above by sending written notice of your decision to opt-out to our contact information listed at the bottom of these Terms. The notice must be sent to us within thirty (30) days of your first use of the Site, include your full name and address, and clearly indicate your intent to opt out of binding arbitration. Please note that in event case, we will also be deemed to have opted-out and will be free to pursue any claims in court against you.
To the extent the mandatory arbitration provision is opted out of, or otherwise deemed unenforceable or ineffective, the parties consent to the exclusive jurisdiction of the state or federal courts located in New York, New York to resolve any dispute arising from these Terms or your use of our Products or our Site.
We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. You must provide notice to us by contacting us at firstname.lastname@example.org. We may provide notice to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via this website or the Site.
For more information or for help in answering any questions, please contact us at email@example.com