These Terms of Use are entered into by and between You and WGJS1 ("Company," "we," or "us"). The following terms and conditions, along with any documents expressly incorporated by reference (collectively "Terms of Use"), govern your access to and use of all WGJS1 online and digital activities, including, but not limited to wgjs1.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively "Website").
Acceptance of the Terms of Use
By using the website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the website. Certain areas within the website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the website, you agree to the additional terms.
Changes to these Terms of Use
At the discretion of the company, we reserve the right to revise, update, modify, or terminate any aspect of these Terms of Use, either entirely or partially, at any point in time. Any such modifications will be communicated by posting the revised terms on the website. We will inform you of such changes by displaying the revised version on our website, along with the date of the latest revision. In cases where the changes are significant, we will provide a more prominent notice, which might include email communication in certain situations. The date of the last modification to these Terms of Use is indicated at the top of this page. We recommend visiting our website periodically to review the most recent edition of these Terms of Use.
All alterations take immediate effect and are applicable to all subsequent access and use of the website. By continuing to use the website after the revised Terms of Use have been posted, you acknowledge and agree to the modifications and the updated Terms of Use.
Third Party Items
Certain of the content, features and functionality on the website may be provided by third parties (collectively, "Third-Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third-Party content and that you will be subject to and comply with the terms of use offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD-PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD-PARTY PROVIDER(S) AND NOT US.
Use of Website
If you choose, or are provided with, a username, password, or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and consent that your account is intended solely for your personal use, and you are accountable for any and all activities carried out through your account. Should any unauthorized access or utilization of your username, password, or any security breach occur, you are obliged to promptly inform us. It is advisable to exercise caution when accessing your account from a public or shared computer to prevent others from accessing or recording your password or other personal information.
We hold the authority to deactivate any username, password, or other identifier, whether designated by you or provided by us. We also reserve the right to block access to our website or decline service to you, as we deem fit, at any point in time and at our sole discretion, for any reason or none at all. This may include situations where, in our judgment, you have breached any clause of these Terms of Use.
Trademarks, Copyrights and Patents
All trademarks, logos, and service marks presented on the website are both registered and unregistered trademarks belonging to the company, its affiliates, licensors, content providers, or other third parties. These trademarks, logos, and service marks remain the property of their respective owners. You are prohibited from using such marks without obtaining prior written authorization from the company or the respective mark owner. We retain all rights not explicitly granted pertaining to the website and its content.
This website, along with all its content, which encompasses text, design, graphics, interfaces, and code, as well as the organization and arrangement thereof (collectively referred to as "Content"), is the proprietary possession of the company and its licensors. It is safeguarded by the copyright laws of the United States and international copyright laws. Moreover, all products showcased on our website are secured by copyrights and/or patents owned by the company and its licensors.
Limited License
Company provides you with a limited license to access and utilize the website and its content strictly for personal and noncommercial purposes. This privilege is contingent upon your adherence to these Terms of Use. You are permitted to download or copy the content for such personal and noncommercial use, on the condition that you refrain from modifying or altering the content in any manner. It's essential to recognize that no right, title, or interest in any content is transferred to you through downloading or copying, and the content cannot be conveyed, reproduced, retransmitted, distributed, or displayed, either in full or in part.
Utilizing any trademarks, logos, service marks, or content from this website for commercial purposes necessitates obtaining advance written consent from the owner. If you wish to make any use of material on the website other than as expressly permitted in this section, please send your request by
contacting us.Prohibited Uses
You are explicitly prohibited from utilizing the website in the following ways:
Violating any applicable federal, state, local, or international laws or regulations, including those governing the export of data or software to and from the United States or other countries.
Transmitting or facilitating the transmission of any advertising or promotional materials without obtaining our prior written consent. This includes activities such as sending "junk mail," "chain letters," "spam," or similar types of solicitations.
Impersonating, or attempting to impersonate, the company, a company employee, another user, or any other person or entity. This prohibition encompasses the use of email addresses or screen names associated with any of the entities.
Harvesting or collecting information about other users of the website.
Engaging in any behavior that curtails or hampers anyone's use or enjoyment of the website, or that, as determined by us, could jeopardize the company, users of the website, or potentially subject them to legal liability.
Employing data extraction, scraping, mining, or other data collection tools to establish a database through systematic downloading or storing of site content. This also involves scraping, collecting, storing, or using any content, product listings, descriptions, prices, or images unless permitted by the limited license granted through these Terms of Use.
You agree to refrain from using the website in the following ways:
In any manner that contravenes applicable federal, state, local, or international laws or regulations, including those governing data or software export to and from the United States or other countries.
Transmitting or arranging the transmission of any advertising or promotional content without obtaining our prior written consent, which includes activities such as sending "junk mail," "chain letters," "spam," or similar types of solicitations.
Impersonating or attempting to impersonate the company, a company employee, another user, or any other individual or entity. This includes utilizing email addresses or screen names linked to any of the entities.
Collecting or gathering information about other users of the website.
Participating in any behavior that limits or obstructs anyone's use or enjoyment of the website, or which, as assessed by us, could potentially harm the company or the website's users, or expose them to legal consequences.
Employing data extraction, scraping, mining, or other data gathering tools to establish a database through systematic downloading or storing of site content. This also encompasses scraping, collecting, storing, or using any content, product listings, descriptions, prices, or images, except as permitted by the limited license granted through these Terms of Use.
Additionally, you agree not to:
Utilize the website in any manner that might disable, overburden, harm, or impair the site, or hinder any other party's usage of the website, including their ability to engage in real-time activities through the site.
Employ any automated process, such as robots, spiders, or other automatic tools, to access the website for any purpose, including monitoring or copying any content from the site.
Use any manual process to monitor or copy content from the website, or engage in any unauthorized activities without obtaining the prior written consent of the company.
Employ meta tags or other hidden text that includes the company's name or trademarks.
Use a buying agent to conduct transactions on the website.
Introduce malicious software, such as viruses, trojan horses, worms, logic bombs, or other harmful material.
Attempt to gain unauthorized access, interfere with, damage, or disrupt any aspect of the website, the server on which the site is hosted, or any server, computer, or database connected to the website.
Launch a denial-of-service attack or a distributed denial-of-service attack against the website.
Otherwise attempt to disrupt the proper functioning of the website.
User Contributions
The website may include user-generated content such as product reviews, discussion forums, and other interactive features or services where you or third parties can create, post, or store content, messages, or materials (referred to as "User Contributions"). Company does not endorse or take responsibility for any opinions, advice, information, or statements provided by third parties. Company will not be held liable for any loss or damage resulting from your reliance on user contributions.
Any user contributions you post on the website will be treated as non-confidential and non-proprietary. By sharing user contributions on the website, you grant the company, its affiliates, service providers, licensees, successors, and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, and transferable right to use, reproduce, modify, perform, display, distribute, and disclose such material to third parties for any purpose. You acknowledge and agree that we reserve the right (but are not obligated) to do any or all of the following, at our sole discretion: (i) monitor user contributions; (ii) edit, remove, or decline to post user contributions; (iii) disclose user contributions and the circumstances of their transmission to any third party; and (iv) take appropriate legal action, including referring matters to law enforcement, for any illegal or unauthorized use of the website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.
You represent and warrant that:
You own or control all rights in and to your user contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your user contributions do and will comply with these Terms of Use.
You acknowledge and recognize that you are solely responsible for any user contributions you submit or contribute. You bear full responsibility for your user contributions, including their legality, reliability, accuracy, and appropriateness. The company is not responsible or liable to any third party for the content or accuracy of any user contributions posted by you or any other user of the website.
Content Standards
These content standards are applicable to all user contributions. User contributions must fully comply with all applicable federal, state, local, and international laws and regulations, as well as these Terms of Use. In addition, user contributions must not:
Contain material that is deceptive, inaccurate, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe upon the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or any other intellectual property rights.
Violate the legal rights of others, including privacy and publicity rights, or include material that could result in civil or criminal liability under applicable laws or regulations, or that contradicts these Terms of Use or our Privacy Policy.
Promote illegal activities, or advocate, encourage, or assist any unlawful actions.
Impersonate any person, misrepresent your identity or affiliation with any individual or organization.
Involve commercial activities or sales, such as contests, sweepstakes, sales promotions, bartering, or advertising.
Create the false impression that they are originating from or endorsed by us or any other individual or entity, if this is not accurate.
Information About You and Your Visits to the Website
All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information as set forth in our
Privacy Policy.Online Purchases
If you wish to purchase any goods or services made available through the website (each such purchase, a "transaction"), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to company the right to provide such information to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
The descriptions, images, references, features, content, specifications, products, and prices of products and services provided on the website are subject to change at any time without prior notice. Some weights, measurements, and other descriptions are approximate and are offered for convenience purposes only. The presence of any products or services on the website does not guarantee their availability. It is your responsibility to determine and adhere to all relevant local, state, federal, and international laws (including minimum age requirements) concerning the possession, receipt, use, and sale of any item acquired from this website. When placing an order, you affirm that the products ordered will be utilized solely in accordance with the law. The company reserves the right, with or without prior notice, to:
(i) Limit the quantity of available goods or services or discontinue them entirely.
(ii) Impose conditions on the acceptance of any coupon, coupon code, promotional code, or similar promotion.
(iii) Prohibit any user from initiating or completing any transaction(s).
(iv) Decline to offer any product or service to any user.
You agree to cover all charges that may arise on your behalf through the website, at the applicable price(s) during the time such charges are incurred, including, but not limited to, all shipping and handling expenses. Additionally, you remain liable for any taxes that may be applicable to your transactions.
Company or our agents may call or text you regarding your account or your transactions, as set forth in our
Privacy Policyand applicable additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.Product Images
We have attempted to represent the colors and features of the products available on this website as accurately as possible. However, please note that the colors and product details you perceive can be influenced by the settings of your computer monitor. Therefore, we cannot ensure that the colors and details you observe will be completely accurate. Additionally, the products may appear larger or smaller than their actual size due to variations in monitor settings. Certain photographs may have been enlarged to provide a clearer view of the product's details.
Pricing, Availability, and Accuracy
When Company acknowledges receipt of an order, it means that your request to order has been received. However, this acknowledgment does not imply that your order has been accepted, shipped, or that the price or availability of an item has been confirmed. Company strives to provide accurate descriptions and displays of its products and services on the website. Despite these efforts, there may be cases where a small number of items on the website are mispriced, inaccurately described, or unavailable. Additionally, there might be delays in updating information on the website and in our advertising through other channels.
As a result, we cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company retains the right to modify or update information, and to rectify errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience this may cause.
Copyright Infringement Policy
If you suspect that your copyright, or the copyright of someone you are authorized to represent, has been violated, you can contact us.
For your notification to be effective, it must adhere to the following guidelines:
The notification should be in written form and bear your signature.
You should clearly identify the copyrighted work(s) you believe have been infringed. Provide details such as "My copyrighted work is the image located at [specify the location of the material]."
Identify the specific content that you claim infringes upon your copyrighted work. Include enough information for us to locate the material on the website. Providing clear screenshots of the alleged infringing content for identification purposes is recommended, but these should not be shared for any other purpose. Please provide detailed information.
Share contact information to enable us to directly communicate with you, including your name, mailing address, phone number, and email (if available).
If possible, provide details to help us notify the alleged infringing party (email address is preferred).
State that you genuinely believe that the usage of the material in question is not authorized by the copyright owner, its representative, or applicable law.
Include a declaration that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose exclusive rights are purportedly infringed.
The company retains the authority to remove any content, user contributions, or other material from the website at its discretion.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this website.
Send e-mails or other communications with certain content, or links to certain content, on this website.
Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the website other than the homepage.
Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
The website might feature links to third-party websites and resources, provided solely for your convenience. This encompasses links within advertisements, like banner ads and sponsored links. We lack authority over the content present on these external sites or resources and assume no liability for them or any resulting loss or damage from your utilization of such sites or resources. If you opt to access any third-party websites linked to this website, you undertake this action entirely at your own risk, and your usage is subject to the privacy policies and terms and conditions of use that govern those respective websites.
Geographic Restrictions
The company is headquartered in the state of Pennsylvania within the United States. This website is intended exclusively for use by individuals situated within the United States. We do not assert that the website or any of its content is accessible or suitable for use outside of the United States. It's possible that access to the website might not conform to legal requirements for certain individuals or in specific countries. If you choose to access the website from a location outside of the United States, you are doing so of your own volition, assuming sole responsibility for any associated risks, and committing to adhere to all relevant laws and regulations.
Disclaimer of Warranties
Please understand that we cannot guarantee or warrant the absence of viruses or other destructive code in files available for download from the internet or the website. It is your responsibility to establish suitable procedures and safeguards for anti-virus protection, as well as the accuracy of data input and output. Additionally, you should maintain an external method for reconstructing any lost data. We will not be held liable for any losses or damages resulting from distributed denial-of-service attacks, viruses, or any other harmful technological material that may infect your computer equipment, computer programs, data, or other proprietary materials due to your usage of the website or any services or items obtained through it, including the downloading of any posted material, whether on this website or linked websites.
Your use of the website, its content, and any services or items acquired through the website is entirely at your own risk. The website, its content, and any services or items obtained through it are provided on an "as is" and "as available" basis, without any form of warranties, whether express or implied. Neither the company nor any affiliated person makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the above, neither the company nor any related party represents or warrants that the website, its content, or any services or items obtained through it will be accurate, reliable, free from errors, or uninterrupted. Furthermore, we do not guarantee that defects will be corrected or that our site or its server are free of viruses or other harmful components. We also cannot ensure that the website or any services or items obtained through it will meet your specific needs or expectations.
The company hereby disclaims all forms of warranties, whether express or implied, statutory or otherwise. These include but are not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. The above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
Under no circumstances will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be held liable for damages of any nature, based on any legal theory, arising from or related to your use or inability to use the website, any linked websites, any content on the website or those other websites, or any services or items obtained through the website or other websites. This includes various forms of damages, such as direct, indirect, special, incidental, consequential, or punitive damages. Examples of such damages include personal injury, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data. These damages could arise from tort (including negligence), breach of contract, or any other cause, even if the possibility of such damages was foreseeable. Please note that this does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless the company, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your violation of these Terms of Use or your utilization of the website. This includes but is not limited to your user contributions, any use of the website's content, services, and products beyond what is expressly authorized in these Terms of Use, or your use of any information obtained from the website.
Information, News and Press Releases
The website may include information, news, and press releases related to the company and its affiliates. While we make efforts to ensure that the information on our website is current, accurate, and reliable at the time of its creation, we do not have a duty or obligation to continuously update this information, news, or press releases. Please note that any information concerning companies other than us, as presented in the news, press releases, or other content, should not be considered as being supplied or endorsed by the company or its affiliates.
Waiver
Neither you nor the company waiving any provision or condition of the Terms of Use shall be interpreted as a waiver of any other provision or condition of the Terms of Use, nor as a waiver of any future breach of the same provision or condition, unless such waiver is explicitly provided in writing and signed by the party agreeing to it.
Disputes
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
Both you and the Company agree that any claims or disputes, whether at law or equity, arising between us concerning these Terms of Use or previous versions of them, your use of the website, or any products or services provided through the website, will be resolved through binding arbitration. This arbitration process supersedes the option of pursuing the matter in court, except for situations where you are able to assert claims in small claims court if they qualify and the case proceeds as an individual case, without involving class actions or representative actions. The Federal Arbitration Act governs this agreement.
In arbitration, there is no judge or jury, and the ability for court review of arbitration awards is limited. However, an arbitrator has the authority to award the same damages and relief on an individual basis as a court could (including injunctive and declaratory relief, as well as statutory damages). The arbitrator must adhere to these Terms of Use just as a court would.
To initiate arbitration, you need to submit a letter requesting arbitration and detailing your claim to National Registered Agents, Inc. at 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration proceedings will be conducted by the American Arbitration Association (AAA) following its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. You can access the AAA's rules at www.adr.org or by calling 1-800-778-7879. The costs associated with filing, administration, and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will take place within the United States. Either you or the Company can opt to have the arbitration conducted by telephone or based solely on written submissions. This choice will be binding on both parties, and the arbitrator retains the discretion to require an in-person hearing if deemed necessary.
The arbitrator will render decisions in accordance with applicable law. The arbitrator is not bound by decisions from previous arbitrations involving other Company customers, but may be bound by rulings from previous arbitrations involving the same Company customer to the extent required by applicable law. The arbitrator's award will be final and binding, and the judgment on the arbitrator's award may be entered in any court with jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
Both you and the Company acknowledge and agree that any claims brought against each other must be done on an individual basis, and neither party can act as a plaintiff or class member in any alleged class or representative action. Unless both parties mutually agree otherwise, the arbitrator is not permitted to consolidate more than one party's claims or preside over any form of representative, class, or consolidated proceeding. The arbitrator's authority is limited to awarding relief, including monetary, injunctive, and declaratory relief, solely in favor of the individual party who initiated the claim, provided that such relief is warranted based on the facts and applicable law. Any relief granted by the arbitrator will not impact other customers of the Company.
In the event that a claim is pursued in court rather than through arbitration, both you and the Company relinquish the right to a trial by jury. Furthermore, both parties agree that either party can seek legal action in court to halt the infringement or any other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim related to these Terms of Use, including previous versions of these Terms of Use, your utilization of the website, or any products or services supplied by the Company or through the website, will be subject to the laws of the State of Pennsylvania, without regard to the principles of conflicts of law.
If the Agreement to Arbitrate mentioned above is determined not to apply to you or to a specific claim or dispute, unless mutually agreed upon by both parties, any legal suit, action, or proceeding arising from or connected to these Terms of Use or previous versions of these Terms of Use, your use of the website, or any products or services offered by the Company or through the website, will be initiated exclusively in the federal or state courts located in the State of Pennsylvania. By agreeing to these Terms of Use, you consent to waive any objections to the jurisdiction exercised by such courts and to the chosen venue for such proceedings.
Severability
If any portion of these Terms of Use is unlawful, void, or unenforceable, the remaining provisions will remain in place.
Entire Agreement
The Terms of Use, Privacy Policy, Return Policy, and any other supplementary terms collectively form the complete agreement between you and the company regarding the Website. This agreement supersedes all preceding and concurrent negotiations, agreements, proposals, and understandings, whether in written or oral form, pertaining to the website.
Contact Us
If you have any questions or comments about these Terms of Use or this Website, please contact us.