Wisteria House Products, LLC Website Terms and Conditions of Use
Please Note: These Terms and Conditions of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms and Conditions of Use in their entirety.
Terms and Conditions of Use
1. AGREEMENT TO TERMS AND CONDITIONS OF USE. By using the Provider Web Sites, you agree to these Terms and Conditions of Use as amended from time to time. Furthermore, when you access the Provider Web Sites and at various other places on the Provider Web Sites, you specifically acknowledge your agreement with the most current version of these Terms and Conditions of Use. The failure to include a specific acknowledgment at any point on the Provider Web Sites shall not be construed to diminish the applicability or effectiveness of these Terms and Conditions of Use.
2. CHANGE TO TERMS.
3. CONTENT OWNERSHIP.
Copyright and Trademark
All contents of the Site are Copyright © 2015, Wisteria House Products Enterprises, or are copyright of third-party content providers, and are protected by international copyright law. All rights are reserved.
Wisteria House Products Enterprises, WISTERIA HOUSE PRODUCTS Solutions are company property, marks and/or property of Wisteria House Products, LLC. Other trademarks/logos are the property of their respective owners.
WISTERIA HOUSE PRODUCTS respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide written notice to our registered copyright agent identified below. Please note that your written notice must meet the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. §512.
4. DISCLAIMER OF WARRANTIES.
The material in this site could include technical inaccuracies or typographical errors. YOU USE PROVIDER WEB SITE AT YOUR OWN RISK. PROVIDER WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROVIDER WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Provider Web Sites, that defects will be corrected, or that the Provider Web Sites or the servers that make it available are free of viruses or other harmful components.
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100 OR THE MONETARY VALUE OF YOUR PURCHASE WITH US.
The site and all content are provided “as is”, ” as available” and without any warranties of any kind including, without limitation, any warranty with respect to the quality, performance or functionality of this site, and any third parties provided by this site, including with respect to the quality or accuracy of information provided by this sites, obtained from or available through use of this site. There is no guarantee that this site be error-free, or uninterrupted though use. Additionally, WISTERIA HOUSE PRODUCTS makes no warranty that any defects, whether known or unknown, will be corrected, or that the site be virus-free. WISTERIA HOUSE PRODUCTS disclaims all and any warranties, express, statutory or implied including without limitation, warranties of title, merchantability, and all other reasons including non-infringement. Some states do not allow limitations on implied warranties, so these limitations may not apply to you and the state in which you reside. WISTERIA HOUSE PRODUCTS’s liability is limited to the fullest extent permitted by law. Use of this site is at your own risk. WISTERIA HOUSE PRODUCTS will not be liable for any monetary amount to any user (you) as a result of or arising out of use of the site, or in any way related to its use. No action, arising out of these Terms and Conditions of Use may be brought by you more that one year after the event underlying the cause of action has occurred. Under no circumstances will WISTERIA HOUSE PRODUCTS by liable under any section of these Terms and Conditions of Use whether under contract, negligence, implied negligence, strict liability or any other legal or equitable theory for any indirect, incidental, direct, exemplary, or consequential damages, including, without limitation, loss of use, lost profits, loss of data or information of any kind, loss of business goodwill, business or personal opportunity, whether or not WISTERIA HOUSE PRODUCTS has been advised of the possibility of such loss or damages. WISTERIA HOUSE PRODUCTS shall not be liable for any monetary amount to users (you) as a result of or arising out of or in any way related to the site or the use of the site. The user (you) acknowledge and agree that WISTERIA HOUSE PRODUCTS is not liable for any conduct of any user of the site.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
We may, in our sole discretion and at any time, discontinue the Provider Web Sites, either in part or in whole, with or without notice. You agree that any termination of your access to the Provider Web Sites may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
7. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Provider Web Sites or to surreptitiously intercept or expropriate any system, data or personal information from the Provider Web Sites. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
8. LINKING AND THIRD-PARTY CONTENT.
The Provider Web Sites may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Provider Web Sites may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.
The other sites may not be under the control of WISTERIA HOUSE PRODUCTS and WISTERIA HOUSE PRODUCTS is not responsible for the information or content contained on any web site not owned by WISTERIA HOUSE PRODUCTS. WISTERIA HOUSE PRODUCTS has included the links as a convenience to you. WISTERIA HOUSE PRODUCTS does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link.
9. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Provider Web Site and (ii) release of information to and retrieval of information from the Provider Web Site.
If you have any problems, questions or complaints about these Terms and Conditions of Use or any Provider Web Sites, please contact us by email at cat(at)wisteriahouseproducts.com.
Except as explicitly stated otherwise, (i) any notices to WISTERIA HOUSE PRODUCTS shall be made by postal mail to:
Wisteria House Products, LLC,
70 S. Val Vista Drive, A3-173W
Gilbert, Arizona 86296
Attn: Legal Department,
and (ii) any notices to You shall be made by postings to our site. Alternatively, we may give You notice by sending an e-mail to the e-mail address You provided us if you registered or by postal mail to the postal address You provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 5 days after the date of mailing.
By Phone: (United States)
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms and Conditions of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
16. CONSENT TO USE.
-You are solely responsible for your submission and any content made to the provider website. The provider reserves the right to delete, move or edit any and all material that it deems unacceptable.
-By submitting information or advertising materials to the provider website, you hereby grant the provider website, the royalty free, perpetual, irrevocable, non-exclusive right to use, copy, modify, display, distribute and reproduce all such materials and information in any form, media, technology or software of any kind now or existing in the future, including, but not limited to, promotional materials created for or by the provider website.
17. CHILDREN’S ONLINE PROTECTION ACT
In the event that children between the ages of 13 and 17 unbeknownst to WISTERIA HOUSE PRODUCTS attempt to use the Site, WISTERIA HOUSE PRODUCTS will request that the child provide WISTERIA HOUSE PRODUCTS with a valid email address for the child’s parent or legal guardian. WISTERIA HOUSE PRODUCTS will then send an email to the parent or guardian to determine if the parent or guardian desires to grant permission for the child to register for the Site, and provide WISTERIA HOUSE PRODUCTS all of the information required in connection with the registration and use of the Site. In addition, by granting permission, the parent or guardian will be acting on behalf of the child to legally bind the child to the Terms and Conditions, as the same may change from time to time.
The parent or guardian will be required to provide WISTERIA HOUSE PRODUCTS one or more pieces of identifying information to permit WISTERIA HOUSE PRODUCTS to verify the identity of the individual granting permission.
These Terms and Conditions of Use represent the entire agreement between you and WISTERIA HOUSE PRODUCTS regarding your use of this Site and supersede any prior statements or representations. The performance of these Terms and Conditions of Use shall be governed by the internal laws of the State of Arizona, United States of America, without regard to any principles of conflicts of law. All legal proceedings arising out of or in connection with this Site brought by you shall be brought solely in the federal or state courts located within the State of Arizona, Maricopa County. You expressly submit to the personal jurisdiction and venue of said courts and waive any claims of inconvenient or improper forum or similar claims or defenses. Should any part of these Terms and Conditions of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. WISTERIA HOUSE PRODUCTS may at any time modify these Terms and Conditions of Use and the user’s (your) continued use of this Site will be conditioned upon the Terms and Conditions of Use in force at the time of your use. Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or to any entity.