TERMS OF USE | whatiwishyouknew

WhatIWishYouKnew.com Terms of Use

This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Web Site (the “Web Site”), the purchase of goods and the services located at http://WWW.WHATIWISHYOUKNEW.COM (“Wiwyk.com”) and all affiliated web sites owned, operated, licensed, or controlled by What I Wish You Knew, LLC, an Illinois limited liability company (“Company”).

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF WHATIWISHYOUKNEW.COM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

Acceptance. Your access and use of WHATIWISHYOUKNEW.com creates a binding and enforceable legal agreement between you, the Web site user (“You”) and Company and signifies Your acceptance and consent to be bound by the terms and conditions contained in this Agreement. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement and the Privacy Policy at any time. Changes to this Agreement shall be effective upon notice which may consist of a general announcement on the Web Site home page. Please check this Agreement periodically for changes. Continued use of WHATIWISHYOUKNEW.com following the posting of changes to this Agreement shall mean You have read and accept such changes.
Services. Company provides the Web Site and the materials and information contained therein “as is” and for information purposes only. Do not send Company messages that ask for advice of what to do with your child/parent/friend, Company will not respond. You expressly agree that Company shall have no liability under any legal theory for any failure to respond to communications.
Pricing, Shipping, and Terms of Sale. Unless stated elsewhere on this Web Site, Prices, Shipping, and Terms of Sale, including, returns, refunds or exchanges are subject to the terms and conditions of our merchant partners. Company does not sell products directly through this Web Site. All prices are in US Dollars. Prices and products may change at Company's discretion. You represent and warrant that any information that You provide is true, correct, accurate and complete including, but not limited to, the address for delivery. The information and product listings on this Web Site may contain typographical errors or inaccuracies and may not be complete or current. While Company makes a commercially reasonable effort to ensure that the information presented is true and accurate, Company does not guarantee that the products you order will be identical to those appearing on the Web Site. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.

Returns, Exchanges & Refunds. Returns, Exchanges & Refunds are subject to the terms and conditions of our merchant partners. You agree to direct any questions, concerns or comments regarding your purchase solely to the merchant from whom you have purchased a product.
License & Access. Company grants You a limited license to access and make personal use of Wiwyk.com and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of Wiwyk.com or its contents; any collection and use of any advertisements, descriptions, or prices; any derivative use of Wiwyk.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wiwyk.com, Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Wiwyk.com or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wiwyk.com so long as the link does not portray Wiwyk.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Wiwyk.com product image, graphic image, logo or other proprietary graphic or trademark as part of the link without express written permission.
Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of Wiwyk.com are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from Wiwyk.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except with express written consent of Company.
Violations. In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to receive costs and actual attorney’s fees.
Privacy. It is Company’s policy to respect the privacy of Wiwyk.com users. Therefore, in addition to the privacy of registration data, Wiwyk.com shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of Wiwyk.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Wiwyk.com or Company; (2) protect and defend the rights or property of Wiwyk.com or Company; or (3) act in an emergency to protect the personal safety of our users or the public. Wiwyk.com’s Privacy Statement can be found here [hyperlink to web page].
Indemnity. You shall indemnify, defend and hold Company, its directors, officers, employees, agents and contractors harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees arising from or related in any way to: a) any claim which, if proved, would breach any of Your covenants or representations; and b) any and all Third Party Claims arising out of any act or omission by You or any content You submit to or transmitted through Wiwyk.com.
1. Termination. This Agreement is effective as of the first date materials from Wiwyk.com are accessed by You (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time at which time your right to access and use Wiwyk.com shall cease. This Agreement shall terminate immediately without notice from Company if in Company's sole discretion You fail to comply with any term or provision of this Agreement. Upon termination, Your right to access and use Wiwyk.com shall terminate. Company may, at its sole discretion and at any time, discontinue providing access to Wiwyk.com, or any part thereof, with or without notice. You agree that any termination of Your access to Wiwyk.com under any provision of this Agreement may be effected without prior notice. Further, You agree that Company shall not be liable to You or to any third party for any termination of Your access to Wiwyk.com.
Jurisdiction. Unless otherwise specified, Wiwyk.com is available solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. Wiwyk.com is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in Wiwyk.com are appropriate or available for use in other locations. Those who choose to access this Wiwyk.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE WEB SITE, CONTENT AND MATERIALS IN THIS WEB SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE WEB SITE, CONTENT OR OTHER FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR THIS WEB SITE OR ANY OTHER COMPANY WEB SITE OR THE SERVER(S) THAT MAKES THE WIWYK.COM WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PUBLISHED ON THE WEB SITE. CONTENT TYPES AND DESCRIPTIONS ARE PROVIDED FOR CONVENIENCE, AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT GUARANTEE THEIR ACCURACY. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR OF ANY USER OF THE WEB SITE. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE WEB SITE. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, OR THE FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE, INCLUDING INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB SITE.

THE CONTENTS OF THE WEB SITE AND ANY INFORMATION PROVIDED HEREIN, SUCH AS TEXT, GRAPHICS, IMAGES, AND OTHER MATERIAL ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED ON THE WEB SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PERSONAL, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INDIVIDUAL SITUATION. RELIANCE ON ANY INFORMATION PROVIDED BY COMPANY EMPLOYEES, CONTRACTORS, VENDORS OTHERS APPEARING ON THE WEB SITE AT THE INVITATION OF COMPANY, OR OTHER VISITORS TO THE WEB SITE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR PROPERTY DAMAGE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING THIS WEB SITE.
Links to Outside Web Sites and Services. To the extent that Wiwyk.com contains links to outside or third-party products, services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:

What I Wish You Knew, LLC
By email: WhatIWishYouKnew@gmail.com

Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and you agree that this Agreement shall be deemed to have been entered into and performed exclusive in the State of Illinois. You agree that any action at law or in equity arising out of or relating to this Agreement shall be litigated only in the state or federal courts located in the State of Illinois and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.