TERMS AND CONDITIONS
Last Updated - June 4, 2018
HI—congratulations on being part of the 1% of people that actually read these things. These Terms and Conditions apply to the website and all other online properties. We know these types of documents can get pretty dense, so apologies in advance. We’ll do our best to keep it straightforward and easy to read.
This website is operated by WARDEMENTS . Throughout the site, the terms “we”, “us” and “our” refer to WARDEMENTS. WARDEMENTS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Our Intended Audience-
This Site is intended for use by adults only, and is not intended for persons under the age of 18. You certify that you (a) are at least thirteen (13) years of age, and (b) that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. If you are under 13 years of age, please do not use or access the site at any time or in any manner.
We Value Our Intellectual Property-
Wardements is a labor of love and we value the fruits of that labor. All of the content that appears on the Site, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of Wardements or our licensors and is protected by United States and international copyright laws. You may not display, reproduce, or otherwise use the content or materials on the Site, without first receiving written consent from us specific for each such use. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Scraping the Site or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All goodwill generated from the use of our content must be for the benefit of Wardments.
From time to time, Wardements may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by Wardements for their statements.
If you would like to request authorization to use the materials or content on the Site, please contact us at wardwardements.com / Subject: Permission/Authorization for Use/Site Content
We Respect the Intellectual Property Rights of Others Too-
If you believe that your copyright has been infringed, please let us know. We will review all claims that we receive of copyright infringement. If we deem that any content is in violation of applicable laws, we will remove it.
To help us identify any work that you believe constitutes a copyright infringement, please provide us with the following:
• A description of the copyrighted work and the URL on which it appears
• Your contact details, including email address
• A statement that you have a good faith belief that our use of the work is not authorized
• A statement, made under the penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
• An electronic or physical signature of the copyright owner or a person authorized to act on their behalf
Accounts and Related Data-
We don't believe in putting unnecessary roadblocks in your way throughout our Site. You can maneuver most of the Site without creating a user account ("Account"). Other features, however, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person's Account or registration information for the Site without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so.
Rules of Conduct-
2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Site; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.
3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
5. Wardements reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Wardements in its sole discretion.
1. You understand and agree that we have no control over, and no duty to take any action regarding:
a. which users access the Site;
b. what content you access via the Site;
c. what effects the content may have on you;
d. how you may interpret or use the content; or
e. what actions you may take as a result of your exposure to the content.
2. You release us from all liability related to you acquiring or not acquiring content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(Sorry about this, but the below gets a little dense. All-caps doesn't mean we're yelling; it's just what's legally required.)
THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARDEMENTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY WARDEMENTS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION WARDEMENTS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
Limitations of Liability-
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HYPHEN OR ANYONE REPRESENTING WARDEMENTS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR WARDEMENS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER FEES PAID TO US FOR THE APPLICABLE PRODUCTS
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYPHEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that Wardements, at its sole discretion, may terminate or suspend your access to and use of the Site (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Wardements believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Wardements reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Site (or any part thereof) without notice. You agree that Wardements and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Site. Your obligations under this Agreement shall continue even after Wardements has terminated and/or cancelled this Agreement or your access to the Site. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Hyphen for use of your User Content.
We don't like disputes (and neither do you, I'm sure). Let's do our best to avoid them. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
These Terms and the relationship between you and Wardements will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Wardements agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the State of Connecticut. You covenant not to sue Wardements in any other forum.
You also acknowledge and understand that, with respect to any dispute with Wardements or anyone representing Wardements arising out of or relating to your use of the Site, purchase of Products, or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If any provision of this agreement is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.
This agreement constitutes the entire agreement between you and us with respect to the Site and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import.