Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the website located at http://www.shop.wymans.com (referred to herein as the “website”) and your relationship with Jasper Wyman and Son - DTC and/or Jasper Wyman & Son both dba Wyman’s, and all individuals and companies associated with this website. If you do not agree to these Terms and Conditions, do not use the website. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the website. By using the website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Use of the website constitutes your acceptance of the Terms and Conditions.
General Terms and Conditions
By using the website, including any software and content contained therein, you agree that use of the website is entirely at your own risk. The website is provided to you as a convenience to provide general information about the services available from WYMAN’S, but we do not guarantee the accuracy, or completeness of the information. THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER WYMAN’S NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF WYMAN’S, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
WYMAN’S, or one of its customers, clients or affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the website, and is the copyright owner or licensee of the content and/or information on the website, unless otherwise indicated. WYMAN’S does not grant to you a license to any content, features or materials you may access on the website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the website solely for your personal use or records. If you make other use of the website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the website.
WYMAN’S, and the WYMAN’S logo are the registered trademarks of WYMAN’S. All rights are reserved to WYMAN’S. All other trade names, trademarks, logos or service marks displayed on the website belong to their respective owners.
We reserve the right to change any information on the website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the website may provide you with access to other websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the website” below.) The content of the website may vary depending upon your browser functionality and limitations.
User Conduct on the Website
While using the website, you may not:
(1) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
(2) upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under U.S. copyright laws; or
(3) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
(4) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
(5) restrict or inhibit any other user from using the website; or
(6) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding; or
(7) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
(8) post or transmit any information or software which contains a virus, trojan, worm or other harmful component.
We have no obligation to monitor the website. You acknowledge and agree, however, that we do retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
All information submitted to the website shall be deemed and remain the property of WYMAN’S, and we shall be free to use, for any purpose, any and all such information or materials which any user provides to the website. We shall not be subject to any obligations of confidentiality regarding submitted information.
Links from and to the Website
You acknowledge and agree that WYMAN’S and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by WYMAN’S or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
You agree to defend, indemnify and hold WYMAN’S and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the website or the placement or transmission of any message, information, software or other materials through the website by you or users of your account or related to any violation of these Terms and Conditions.
The Terms and Conditions and the relationship between you and WYMAN’S shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. You and WYMAN’S each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New Jersey. The failure of WYMAN’S to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties, intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.