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Last updated June 15, 2024

 

Terms and Conditions

These Terms and Conditions ("Terms") and your agreement to them constitutes a legally binding agreement between you ("you" or "User") and Wonderstone Gifts LLC ("we" or "us") regarding your access to and use of our website located at wonderstonegifts.com (the "Website") and the services and/or products we offer through the Website (the "Services").

 

1. Acceptance of Terms

 

By accessing or using the Website or Services in any way, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Website or Services. These Terms apply to all visitors, users, and others who access or use the Website or Services.

 

2. California Residents

 

If you are a resident of California, you have specific rights under California law, including the California Consumer Privacy Act ("CCPA"). You can find more information about our privacy practices and your rights under the CCPA in our Privacy Policy.

 

3. Modifications to the Terms

 

We may revise and update these Terms at our sole discretion. The revised Terms will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website or Services following the posting of the revised Terms will be deemed your acceptance of the revised Terms. We encourage you to review the Terms regularly for any changes.

 

4. User Accounts

 

You are not required to create an account in order to access the Website or Services. Still, a future Website update might enable such functionality and you may be required to create an account ("Account") to access certain features of the Website or Services. In such a case, you are responsible for maintaining the confidentiality of your Account information and password, and for restricting access to your computer and Account. You agree to accept responsibility for all activities that occur under your Account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

5. Use of the Website and Services

 

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

  • In any way that violates any applicable law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the transmission of, any material that is harassing, offensive, indecent, threatening, violent, or obscene.
  • To interfere with, disrupt or overburden the Website or the servers or networks connected to the Website.
  • To impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
  • To gain unauthorized access to any portion of the Website or the Services, to other accounts, computer systems or networks connected to the Website or to any of the Services offered through the Website, by hacking, password mining or any other illegitimate means.
  • To use the Website or Services to collect or store personal data about other users in violation of their privacy.

 

6. Intellectual Property

 

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design and arrangement thereof), are owned by Wonderstone Gifts LLC or its licensors and are protected by all applicable copyright, trademark, patent and other intellectual property or proprietary rights laws. You may not modify, reproduce, distribute, republish, download, store, transmit, create derivative works of, or commercially exploit in any way any content, code or materials from the Website without our prior written consent.

 

7. Orders and Payment

 

If you wish to purchase any product or service made available through the Website ("Product"), you may be asked to supply certain information relevant to your purchase, including your credit card number, billing address, and shipping information.

 

You represent and warrant that you have the legal right to use any payment method you select during the checkout process. By placing an order, you agree to pay the total price for the Products, including applicable taxes and shipping fees. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may also require additional verification or information before accepting any order.

 

8. Shipping and Returns

 

We will ship the Products in accordance with the shipping option you choose at the time of order. Shipping and handling charges may apply.

 

We will accept returns of Products in accordance with our return policy. You can find more information about our return policy on our About Us page.

 

9. Disclaimer

 

The Website, Services, and Products are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website, Services, or Products will meet your specific requirements, will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Website or the Services will be accurate or reliable, or that the quality of any Products, services, information, or other material purchased or obtained through the Website or the Services will meet your expectations.

 

Further, to the fullest extent permitted by applicable law, we will not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

  • Your use of the Website, Services, or Products;
  • Your reliance on any information obtained through the Website or the Services;
  • Mistakes, errors, or inaccuracies of content on the Website;
  • Personal injury or property damage related to your use of the Website, Services, or Products;
  • Any interruption or cessation of transmission to or from the Website;
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted through the Website by any third party;
  • Any errors or omissions in any content or materials on the Website; or
  • Any actions taken by you or any third party as a result of your use of the Website, Services, or Products.

 

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

 

You agree to indemnify and hold us and our affiliates, and our respective officers, directors, employees, agents, and licensors, harmless from and against any and all claims, losses, damages, liabilities, including legal fees and expenses, arising out of or in any way related to your use of the Website, Services, and/or Products.

 

This Disclaimer does not affect any statutory rights that may not be excluded or limited under applicable law.

 

10. Prohibited Activities

You agree not to engage in any of the following prohibited activities ("Prohibited Activities") while using the Website, Services, or Products:

  • Using the Website or Services for Commercial Purposes: You may not use the Website or Services to advertise, promote, or offer to sell any goods or services, except in the course of permitted transactions on the Website. This includes, but is not limited to, displaying any 1 x 1 pixel ("tracking pixel") or other similar technology that is designed to track user activity without their consent.
  • Data Collection: You may not use the Website or Services to collect, harvest, mine, or store any personal data of other users (including email addresses, usernames, or other identifying information) through scraping, crawling, or other passive collection mechanisms.
  • Spyware and Malware: You may not upload, transmit, or distribute any spyware, malware, viruses, Trojan horses, worms, or other malicious code through the Website or Services.
  • Interference: You may not interfere with or disrupt the Website or Services, or servers or networks connected to the Website. This includes, but is not limited to, attempting to gain unauthorized access to the Website, Services, accounts, computer systems or networks connected to the Website, or interfering with the security features of the Website or Services.
  • Fraudulent Activity: You may not engage in any fraudulent activity using the Website or Services, including using stolen credit cards or other payment methods.
  • Illegal Activity: You may not use the Website, Services, or Products for any illegal or unauthorized purpose.
  • False Reports: You may not submit any false or misleading reports of abuse or misconduct.
  • Disparagement: You may not disparage, tarnish, or otherwise harm, in our opinion, our reputation or the reputation of the Website, Services, or Products.
  • Automated Use: You may not engage in any automated use of the Website or Services, such as using scripts or bots to perform actions (other than those specifically permitted by us).
  • Harassment: You may not engage in any behavior that is designed to harass, annoy, intimidate, or threaten any of our employees or agents who are involved in providing the Website, Services, or Products.
  • Resource Overuse: You may not use the Website or Services in a way that causes, in our sole judgment, an unreasonable or disproportionately large load on the Website, Services, or infrastructure of the Website or Services or our third-party providers.
  • Software Decryption: You may not copy, modify, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software underlying the Website or Services.
  • Third-Party Agents: You may not use any purchasing agent or other intermediary to make purchases on the Website on your behalf.
  • Framing and Linking: You may not frame or link to the Website or Services without our express written permission.

 

We reserve the right to terminate your access to the Website or Services and/or take legal action against you if you engage in any Prohibited Activity.

 

11. Products

 

11.1 Product Information

 

We strive to provide accurate information on the Website regarding the products we offer, including but not limited to:

  • Product descriptions
  • Images
  • Specifications
  • Colors
  • Sizes
  • Availability

 

However, we do not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to discontinue or modify any product offered on the Website at any time without prior notice.

 

11.2 Acceptable Use

 

It is your responsibility to ensure that you use the products you purchase from us in a manner that complies with all applicable laws and regulations in your region. We cannot guarantee that a product will comply with specific regional regulations governing acceptable use.

 

For example, some products may not be suitable for use in certain environments or for certain purposes. It is your responsibility to research and understand any applicable regulations before using the product.

 

11.3 Disclaimer

 

YOU AGREE THAT BY PLACING AN ORDER, YOU ARE PURCHASING THE PRODUCT AS DESCRIBED ON THE WEBSITE AND YOU ACKNOWLEDGE THAT THE DESCRIPTIONS AND IMAGES ARE NOT WARRANTED TO BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ENSURING THE PRODUCT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS IN YOUR REGION.

 

12. Third-Party Links and Content

 

The Website may contain links to third-party websites or services that are not owned or controlled by us ("Third-Party Links").

 

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or recommend the products or services offered by any third-party websites or services.

 

You acknowledge and agree that we are not responsible for the availability, accuracy, content or legality of any third-party websites or services, or for any harm or loss you may suffer as a result of your use of any third-party websites or services.

 

When you click on a Third-Party Link, you will leave the Website and will be subject to the terms and conditions of such third-party website. We encourage you to carefully review the terms and conditions of any third-party website that you visit.

 

13. Modification of Services

 

We reserve the right, at our sole discretion, to modify or discontinue the Website or Services, or any part thereof, with or without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or Services.

 

We may also change these Terms at any time. Your continued use of the Website or Services following the posting of any revised Terms constitutes your acceptance of the revised Terms. It is your responsibility to periodically visit this webpage to review the most current version of the Terms.

 

14. Termination

 

We reserve the right to terminate your access to and use of the Website or Services for any reason or no reason, at any time and without notice. This includes, but is not limited to, a violation of these Terms.

 

Upon termination, your right to use the Website or Services will immediately cease. We may also, in our sole discretion and without notice, remove or disable any content you have posted on the Website or Services.

 

You acknowledge and agree that we are not liable to you or any third party for any termination of your access to the Website or Services.

 

If we terminate your access to the Website or Services, you are prohibited from attempting to access the Website or Services through any other means, including, without limitation, by creating a new account. Any attempt to access the Website or Services by you after termination will be considered a trespass, and we reserve the right to pursue any and all legal remedies available to us, including but not limited to civil, criminal, and injunctive relief.

 

15. Monitoring and Enforcement

 

We reserve the right, but do not have the obligation, to monitor and enforce these Terms. We may at any time, in our sole discretion, investigate suspected violations of these Terms, including, but not limited to, gathering information and considering reports of alleged violations.

 

We may take any action we deem appropriate in response to a violation of these Terms, including, but not limited to:

  • Issuing warnings, reprimands, or suspensions of your access to the Services;
  • Disabling or removing any content that you have posted on the Website or Services;
  • Reporting any suspected violations of law to law enforcement authorities;
  • Terminating your account and access to the Services; and
  • Taking legal action against you, including seeking injunctive relief.

 

YOU AGREE THAT OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF OUR RIGHT TO DO SO IN THE FUTURE.

 

16. Governing Law

 

These Terms and your use of the Website and Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws provisions.

 

Any legal action or proceeding arising out of or relating to these Terms or your use of the Website or Services shall be brought exclusively in the courts of the State of California, and you hereby consent to the exclusive personal jurisdiction and venue of such courts.

 

You waive any right to a trial by jury in any such action or proceeding.

 

This Disclaimer does not affect any statutory rights that may not be excluded or limited under applicable law.

 

17. Dispute Resolution

 

17.1 Informal Dispute Resolution

 

We are committed to resolving disputes with users in a fair and timely manner. We encourage you to contact us at admin@wonderstonegifts.com if you have any disputes or concerns regarding your use of the Website or Services.

 

We will attempt to mediate and settle any disputes informally.

 

17.2 Binding Arbitration

 

YOU AGREE THAT, EXCEPT AS SET FORTH BELOW, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING BUT NOT LIMITED TO ANY BREACH THEREOF), SHALL BE SUBMITTED TO AND FINALLY RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES (THE "RULES"). Arbitration shall be conducted in Modoc County, California or a mutually agreeable location. The decision of the single arbitrator shall be final and binding on all parties. The arbitrator may award any relief that would be available in a court of law or equity.

 

YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ARBITRATION PROCEEDING.

 

17.3 Exceptions to Arbitration

 

This agreement to arbitrate does not apply to claims for injunctive or other equitable relief in a court of competent jurisdiction to protect our intellectual property rights or other proprietary interests.

 

17.4 Class Action Waiver

 

YOU AND WE AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING AS A PLAINTIFF OR CLASS MEMBER.

 

This Dispute Resolution section is intended to be enforceable to the maximum extent permitted by applicable law.

 

18. Limitation of Liability

 

18.1 Limitations on Our Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: 

  • Your use of the Website, Services, or Products;
  • Your reliance on any information obtained through the Website or Services;
  • Mistakes, errors, or inaccuracies of content on the Website;
  • Personal injury or property damage related to your use of the Website, Services, or Products;
  • Any interruption or cessation of transmission to or from the Website;
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted through the Website by any third party;
  • Any errors or omissions in any content or materials on the Website; or
  • Any actions taken by you or any third party as a result of your use of the Website, Services, or Products.

 

FURTHER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS, REGARDLESS OF FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE, SERVICES, OR PRODUCTS DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

 

**YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE, SERVICES, OR PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.

 

18.2 Disclaimer of Warranty

 

THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS.

 

18.3 Additional Limitations

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS, AND THAT SOME JURISDICTIONS MAY PROVIDE GREATER CONSUMER PROTECTION. IF SUCH IS THE CASE, THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

This Limitation of Liability section is intended to be enforceable to the maximum extent permitted by applicable law.

 

19. Indemnification

 

19.1 Indemnification by You

 

You agree to indemnify, defend and hold us and our affiliates, and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, losses, damages, liabilities, including legal fees and expenses, arising out of or in any way related to:

  • Your use of the Website, Services, or Products;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including intellectual property rights;
  • Your misuse of the Website, Services, or Products; or
  • Your conduct while using the Website, Services, or Products.

 

19.2 Indemnification by Us

 

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOWEVER, WE WILL INDEMNIFY AND HOLD YOU HARMLESS FROM ANY CLAIM OR DEMAND BY A THIRD PARTY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES TO THE EXTENT THAT SUCH CLAIM OR DEMAND ARISES FROM (A) OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (B) A DEFECT IN THE WEBSITE OR SERVICES CAUSED BY US.

 

This Indemnification section is intended to be enforceable to the maximum extent permitted by applicable law.

 

20. Integration and Severability

 

20.1 Entire Agreement

 

These Terms constitute the entire agreement between you and us regarding your use of the Website, Services, and Products and supersede all prior or contemporaneous communications and proposals, whether oral or written.

 

20.2 Severability

 

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

21. Adhesion

If a customer wants to use goods and/or services available through Wonderstone Gifts LLC, that customer must agree to these Terms and Conditions.

 

22. Contact Us

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

 

Wonderstone Gifts LLC
P.O. Box 536
Cedarville, CA 96104
United States of America
Phone: 530-430-7756
admin@wonderstonegifts.com