Terms & Conditions

 
 

This website is operated by Wild Interiors®.

Throughout the site, the terms “we,” “us” and “our” refer to Wild Interiors®. Wild Interiors® 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.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Wild Interiors®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmlessWild Interiors®and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 51051 US Hwy 20, Oberlin OH 44074-9637.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@wildinteriors.com.

SWEEPSTAKES TERMS & CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

  1. PROMOTION DESCRIPTION: All Green Circle Growers Sweepstakes will have their promotional period, prizes, and other details outlined in corresponding social media posts and in promotional blog posts.

    The sponsor of this Sweepstakes is Green Circle Growers (“Sponsor” or “we” or “us”). By participating in the Sweepstakes, you (the “Entrant” or “you”) agree to accept and comply with these Terms and Conditions and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission, and processing of entries and the overall administration of the Sweepstakes. Sponsor may be reached by email (info@wildinteriors.com) for questions, comments, or problems related to the Sweepstakes. We are located at 51051 US Hwy 20, Oberlin, OH 44074

  2. ELIGIBILITY: Open to residents of the United States who are 18 and over. Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, and employees are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” includes people who share the same residence at least three months per year. “Immediate Family Members” includes parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.

  3. PRIZES: Prizes vary between Sweepstakes and will be outlined in promotional blog and social media posts. Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash, or substituted by winner. Sponsor reserves the right to award a substitute prize of equal or greater value if a prize is unavailable or cannot be awarded, in whole or in part, for any reason. The estimated retail value of the prize represents Sponsor’s good faith determination, which is legal and binding and cannot be appealed. If the actual value of the prize turns out to be less than stated estimates, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace lost or stolen prize items.

    Green Circle Growers Sweepstakes are open to residents of the United States and prizes will only be awarded and/or delivered to addresses within said locations. All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Terms and Conditions will result in forfeiture of the prize. 

  4. HOW TO ENTER: Enter the Sweepstakes during the promotional period by following the directions on promotional social media posts. Automated or robotic entries will be disqualified. Any attempt by Entrant to obtain additional entries using multiple/different email addresses, identities, registrations, logins, or any other methods, including but not limited to commercial contest/sweepstakes subscriptions or entering services, will void Entrants’ entries and that Entrant may be disqualified. Final eligibility for any and all prizes is subject to eligibility verification. All entries must be posted by the end of the promotional period Eastern Standard Time in order to participate. Sponsor’s clock will be the official timekeeper for the Sweepstakes.

  5. WINNER SELECTION: The Winner(s) of the Sweepstakes will be selected in a random drawing from all eligible entries received throughout the promotion period. The random drawing will be conducted within one week of the promotion ending by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary based on the number of eligible entries received.

  6. WINNER NOTIFICATION: Winner(s) will be notified via social media platform (Instagram and/or Facebook) on which the Sweepstakes was promoted, within one week from the close of the promotion period. Winners must respond with address within one week of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive accounts, technical difficulties associated therewith, or Winner’s failure to adequately monitor account.

    Any Winner notification not responded to, or returned as undeliverable, will result in prize forfeiture. The potential Winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “Prize Claim Documents”). No substitution or transfer of a prize is permitted except by Sponsor.         

  7. PRIVACY: We use social media platforms to facilitate the Sweepstakes and generally use the platform messaging system to communicate with you regarding your participation in the Sweepstakes.  If you are participating through Facebook then the Facebook Privacy Policy and related terms and conditions stated by Facebook apply to the handling of any personal information collected through your use of Facebook. You can find the Facebook Privacy and related policies at https://www.facebook.com/privacy.  If you are participating through Instagram, then the Instagram Privacy Policy and related terms and conditions stated by Instagram apply to the handling of any personal information collected through your use of Instagram. You can find the Instagram Privacy and related policies at https://help.instagram.com/519522125107875. We may also collect or process your personal information in connection with administering the Sweepstakes.  For example, we require your name and mailing address to arrange for the delivery of your prizes and we may also post the names of Sweepstakes winners.  To the extent Sponsor collects or processes any of your personal information then Sponsor’s Privacy Policy would apply.  You can find Sponsor’s Privacy Policy at https://www.justaddiceorchids.com/privacy-policy, which is expressly incorporated herein. Before participating in this Sweepstakes, please carefully review Sponsor’s Privacy Policy and the relevant social media platform Privacy Policy. By entering the Sweepstakes, you grant Sponsor permission to share your social media account contact information, email address, and/or any other personally identifiable information with third parties for the purpose of administration and prize fulfillment, including publication in a publicly available Winners list. 

  8. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, SPONSOR BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, SPONSOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE ENTRY INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS SWEEPSTAKES; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, CAMERA, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SWEEPSTAKES; (D) INACCESSIBILITY OR UNAVAILABILITY OF ANY NETWORK OR WIRELESS SERVICE, THE INTERNET OR WEBSITE OR ANY COMBINATION THEREOF; (E) SUSPENDED OR DISCONTINUED INTERNET, WIRELESS OR LANDLINE PHONE SERVICE; (F) ANY INJURY OR DAMAGE TO PARTICIPANT'S OR TO ANY OTHER PERSON’S COMPUTER OR MOBILE DEVICE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SWEEPSTAKES OR DOWNLOAD OF ANY MATERIALS IN THE SWEEPSTAKES; (G) ANY INJURY OR DAMAGE TO PRIZE RECIPIENTS OR TO ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO PRODUCT DEFECTS, SHIPPING DAMAGE, OR ANY OTHER HARM ASSOCIATED WITH THE PRIZES.

    If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total estimated value as set forth in these Terms and Conditions) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.

  9. SOCIAL NETWORK DISCLAIMER: A Facebook and/or Instagram account may be required to enter. If you don’t already have a Facebook account, visit www.facebook.com to create one. If you don’t already have an Instagram account, visit www.instagram.com or download the Instagram app on your smartphone. Green Circle Growers promotions are in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to the Sponsor through the social media platform and not to Facebook/Instagram. You understand and agree that Sponsor does not control the operation of third party websites or social media platforms such as Facebook and Instagram. You agree that Sponsor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such third party websites and social media platforms. These Terms and Conditions do not apply to your use of third party websites and social media platforms; your use of such third party websites and social media platforms is subject to the terms and policies of the owner of such third party websites and social media platforms.

  10. SWEEPSTAKES DISCLAIMERS.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SWEEPSTAKES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH WEBSITES OR SOCIAL MEDIA PLATFORMS IN WHICH THIS SWEEPSTAKES IS PROMOTED, INCLUDING ANY PRIZES, ALL OF WHICH ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR, ITS AFFILIATES, AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SWEEPSTAKES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SWEEPSTAKES, INCLUDING THE PRIZES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR, ITS AFFILIATES, AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF ANY WEBSITE OR SOCIAL MEDIA PLATFORM IN WHICH THIS SWEEPSTAKES IS PROMOTED; (C) THAT THE CONTENT OF THIS SWEEPSTAKES IS ACCURATE, COMPLETE OR CURRENT; (D) THAT THIS ANY WEBSITE OR SOCIAL MEDIA PLATFORM IN WHICH THIS SWEEPSTAKES IS PROMOTED WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE PRIZES WILL BE WITHOUT DEFECTS, DAMAGE, OR WILL MEET THE PARTICIPANT’S EXPECTATIONS IN TERMS OF AESTHETICS, FUNCTION, OR TIMELINESS OF DELIVERY. WE DO NOT REPRESENT OR WARRANT THAT ANY SUCH WEBSITE OR SOCIAL MEDIA PLATFORMS, THEIR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH SUCH WEBSITE OR SOCIAL MEDIA PLATFORMS WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). SPONSOR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SPONSOR SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF SPONSOR. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

  11. Governing Law, Jurisdiction and Venue.  These Terms and Conditions will be governed under the laws of the State of Ohio without regard to its conflicts of law provisions. Subject to Section 12 below, all actions or proceedings arising out of or relating to these Terms and Conditions will be venued exclusively in state or federal court in Cuyahoga or Lorain County, Ohio . You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, notwithstanding this Section 11 and the following Section 12, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms and Conditions is taking place or originating. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after that claim or cause of action arose or be forever barred.

  12. Arbitration. Any claim of damages of any kind by one party against the other party arising out of or relating to this Agreement, and any dispute or controversy arising out of or relating to such claim or the breach, interpretation or validity of this Agreement or any provision thereof in relation to such claim, shall be first addressed by the parties in good faith direct discussions after written notice by the claimant to the other party.  If the issue is not resolved by direct discussions it shall be determined by binding arbitration in Cuyahoga or Lorain County, Ohio before one arbitrator, and shall be  governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms and Conditions, and will be administered by the AAA.  The Award shall be reasoned and in writing.  Judgment on the Award may be entered and enforced in any court having jurisdiction.  The parties shall bear their own costs, fees and expenses in arbitrating any dispute, and shall share equally the fees and costs of AAA and the arbitrator. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration.  No demand for arbitration may be made more than one (1) year after the event giving rise to the claim occurred or when sooner barred by the applicable statute of limitations or repose. In no event shall any arbitrator have any authority to modify this Agreement, award any types of damages which the parties have waived, released, or agreed not to assert, under this Agreement, or award any amount which exceeds any limitations contained in this Agreement. The arbitration procedure herein is fully binding, final, and non-appealable, and constitutes the parties’ only recourse for any claim of damages.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS AND CONDITIONS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  YOU FURTHER UNDERSTAND AND AGREE THAT THE PROCEEDINGS AND ALL INFORMATION DISCLOSED OR PERTAINING TO SUCH DISPUTES SHALL BE STRICTLY CONFIDENTIAL AND MAY NOT BE DISCLOSED BY EITHER PARTY EXCEPT AS REQUIRED BY LAW.  NOTWITHSTANDING THE FOREGOING, Sponsor MAY DISCLOSE SUCH INFORMATION AS NECESSARY TO SECURE, DEFEND, MAINTAIN, OR IMPROVE THE SWEEPSTAKES.  If any portion of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to this Terms and Conditions.

  13. Indemnity. You agree to indemnify and hold Sponsor, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in this Sweepstakes in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

  14. These Terms and Conditions May Change.  We reserve the right to update or modify these Terms and Conditions at any time, without prior notice, by posting the revised version of these Terms and Conditions behind the link marked "Terms and Conditions" at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued participation in this Sweepstakes after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions. For your convenience, whenever these Terms and Conditions are changed, we will alert you by posting a notice on our home page. Your continued participation in this Sweepstakes after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions. You may access the current version of these Terms and Conditions at any time by clicking on the link marked "Terms and Conditions" at the bottom of each page of this Site.

  15. Entire Agreement.  These Terms and Conditions (together with our Privacy Policy and any click-through agreements applicable to you) contain the entire understanding and agreement between you and Sponsor with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Sponsor with respect to this Site and your participation in this Sweepstakes.

 

EFFECTIVE DATE: 09/11/2018