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Terms and Conditions
Fine Folks, Inc dba Wittlebee (“Company”, “we” or “us”) provides the user and/or viewer (“you”) with access to information through this website (the “Site”) and provides certain products and services in conjunction with this Site (the "Services"), which are all conditioned upon your acceptance of the following terms and conditions (the “Terms”).
BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THE TERMS, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME.
1. SITE ACCESS.
A. Accounts. In order to use the Site or the Services, you must register for an account with Company (an “Account”) and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
B. License. Subject to the Terms, Company grants you a limited, non-exclusive, nontransferable personal (i.e., non-commercial) license to access and use the Site and Services. The rights granted to you by the Terms will remain in force only for so long as the Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You will not (nor will you cause any of your employees, contractors, agents and principals to) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of Company’s technology. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the Terms. You agree not to use the Site or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
C. Third-Party Offerings. You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Site. We refer to all such websites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that the Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
D. Ownership. As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. Company and its suppliers reserve all rights not granted in the Terms. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
E. Copyright. Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without our written consent. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties.
Copyright © 2012 Wittlebee. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
2. SALES.
A. Products and Pricing. All products listed on the Site (“Products”), their descriptions, and their prices are subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
B. Orders. When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
C. Payment Terms. For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product that auto-renews periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Company will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest (if any) arising from the Product purchase (“Taxes”) not withheld by Company. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts. We have the right to suspend the provision of Products and/or Services if your Account becomes overdue, until your account is brought up to date.
D. Shipping Policy. Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account.
E. Return Policy. If you are not fully satisfied with your Product, you can return your Product to us for a full refund (returned clothing Products must be unworn and in the state you received them). The return must be made within 30-days of when the Product was delivered to you. Please note that we must receive your Product (e.g., box of clothing) in its entirety before we give you a full refund. Please contact customer service and we will further explain our return process.
We do not accept returns or exchanges on individual items of clothing, and we only send replacement items for our active customers.
3. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. Limited Warranties. THE SERVICES, THE SITE, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS (EXCEPT AS SET FORTH IN SECTION 2) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.
B. Limitation Of Liability. USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR SIX MONTHS HEREUNDER. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
C. Exclusions. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED.
4. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Company, and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees and disbursements) arising from or relating to the use of your Account in any manner which violates the Terms or otherwise violates any law, rule, or governmental regulation.
5. TERM AND TERMINATION. The Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree” or “Check Out”) (which ever occurs first). We reserve the right to terminate the Terms, your Account, and your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. Your rights under the Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in the Terms. The provisions of Sections 1(D), 3, 4, 5 and 6 will survive the termination of the Terms.
6. MISCELLANEOUS. The Terms set forth the entire agreement between Company and you and supersedes any other prior or contemporaneous written or oral understanding or agreement with respect to the subject matter hereof. The Terms are governed by California law and all disputes arising hereunder shall be adjudicated by a court of competent jurisdiction in Los Angeles, California. If any provision of the Terms is held to be illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of the Terms shall continue in full force and effect. You agree to comply with all US, foreign and local laws and regulations that apply to your use of the Site and/or the Services. We may change the Terms from time to time, which shall be effective immediately. From time to time our Site may include links to other websites; these links are provided for your convenience to provide further information - they do not signify that we endorse the website(s) and we have no responsibility for the content of any linked website(s).
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