Wigs & Grace Terms of Service ("Agreement")
USE OF THE SITE All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the "Content(s)")— are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed viewed, downloaded, printed or copied Content is transferred to you as a result of your use of this Site. WIGS AND GRACE owns and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from WIGS AND GRACE. WIGS AND GRACE may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. WIGS AND GRACE also reserves the right to block or deny access to the Site to anyone at any time for any reason. By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances. COMPLIANCE WITH ALL LAWS & SITE SECURITY You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our Store or using the Site or interfere or attempt to interfere with the proper working of this Site. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO (A) DISCONTINUE USING THE SITE AND STOP SHOPPING IN OUR STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN SIXTY (60) DAYS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND/OR YOUR PURCHASE IN OUR STORE OR ON THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WIGS AND GRACE, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SITE SERVICE PROVIDERS WILL BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES IN OUR STORE OR THIS SITE, OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE OR TORT, EVEN IF WIGS AND GRACE OR SITE SERVICE PROVIDERS ARE EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY AND HOLD WIGS AND GRACE AND SITE SERVICE PROVIDERS HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. FOR PURPOSES HEREOF, "SITE SERVICE PROVIDERS" SHALL MEAN THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE SITE SERVICES TO WIGS AND GRACE THAT CONTRIBUTE TO THE FUNCTIONALITY OF THE SITE. THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING IN THE STATE OF TEXAS. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY WIGS AND GRACE AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000). DISCLAIMER OF WARRANTY WIGS AND GRACE PROVIDES ACCESS TO ITS STORES AND THIS SITE TO WIGS AND GRACE CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WIGS AND GRACE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WIGS AND GRACE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IN STORE OR ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WIGS AND GRACE FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WIGS AND GRACE FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE. JURISDICTION; RISK OF LOSS WIGS AND GRACE controls this Site and its Stores from its corporate offices within the State of Texas. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery. WIGS AND GRACE does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof. THE TERMS OF THIS SITE, SOLICITATIONS, ADVERTISING AND PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Texas, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT HARRIS COUNTY, TEXAS OR THE UNITED STATES DISTRICT COURT IN HOUSTON, TEXAS SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR SOLICITATION, PURCHASE OR USE OF, OR ACCESS TO THE SITE (COLLECTIVELY, "DISPUTE"). HOWEVER, YOU MAY ALSO LITIGATE ANY DISPUTE IN SMALL CLAIMS COURT IN HARRIS COUNTY, TEXAS. REGARDLESS, IN THE EVENT OF DISPUTE, YOU SHALL NOTIFY WIGS AND GRACE (SEE CONTACT INFO BELOW) SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED FROM WIGS AND GRACE AND YOU WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITH WIGS AND GRACE WITHIN SIXTY (60) DAYS FROM THE DATE OF YOUR NOTICE OF DISPUTE AFTER WHICH YOU MAY COMMENCE YOUR LITIGATION. CLASS ACTION WAIVER TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR WITH A DISPUTE OF ANY OTHER PERSON/CUSTOMER AND ALL PARTIES TO THE SUIT MUST BE INDIVIDUALLY NAMED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR BASES INVOLVING A DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION), OTHER PERSONS/CUSTOMERS, OR OTHER PERSONS/CUSTOMERS SIMILARLY SITUATED. PRICING & PRODUCT INFORMATION While WIGS AND GRACE strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. WIGS AND GRACE reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, WIGS AND GRACE shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, WIGS AND GRACE will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you. You agree that you are responsible for all charges incurred in connection with any purchase on our Site without limitation, all taxes, shipping, handling and processing charges or other fees. COLORS WIGS AND GRACE attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because a monitor's display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise. USER REVIEWS, COMMENTS & SUBMISSIONS WIGS AND GRACE welcomes your feedback regarding this Site, as well as your reviews, comments, photos, videos, audio and other content that you submit through or to the Site ("User Content"), as long as the User Content is appropriate for a family audience and otherwise complies with these Terms of Use, as well as other WIGS AND GRACE guidelines specific to the activity or forum, as applicable. By posting or submitting your User Content to our Site, you expressly agree NOT to submit User Content which: (i) is harmful, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) violates any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings or "spam" of any kind. You acknowledge and agree that WIGS AND GRACE has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; and/or (c) disclose User Content to any third party, and the circumstances surrounding submission You alone, and not WIGS AND GRACE, are responsible for ensuring you have the rights to grant the license described in these Terms of Use and for WIGS AND GRACE to post the User Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Content. When you post or submit User Content, you grant to WIGS AND GRACE a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. Accordingly, do not send, post or submit any User Content that you do not wish to license to WIGS AND GRACE, including any confidential information or any original creative materials, such as product ideas or original artwork. To the extent you submit your name, username, nickname or other personal identifier along with your User Content, you grant to WIGS AND GRACE the right (but not the obligation) to use such identifier, or portion thereof, with such User Content. To the fullest extent permissible by applicable law, you agree to indemnify and hold WIGS AND GRACE harmless from all claims arising out of your breach of the Terms of Use or in connection with your User Content. As a visitor to our Site, please be advised that WIGS AND GRACE does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Site, whether through User Content or otherwise. To the fullest extent permissible by applicable law, WIGS AND GRACE shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not WIGS AND GRACE, shall bear sole liability for any such damages or losses arising from User Content submitted by you. COPYRIGHTS AND TRADEMARKS "WIGS AND GRACE" as well as related product and service names, design marks and slogans, are registered trademarks of WIGS AND GRACE. Unless otherwise noted, all Content, format and imagery of the Site are protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by WIGS AND GRACE, one of its affiliates, or by third parties who have licensed certain intellectual property rights to WIGS AND GRACE and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of the Content is a violation of law and these Terms of Use. No rights in any trademark, service mark or trade name are granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that WIGS AND GRACE has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute a violation of WIGS AND GRACE intellectual property rights and/or may rise to the level of unfair competition. WIGS AND GRACE, its suppliers, licensors expressly reserve all intellectual property and other proprietary rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of WIGS AND GRACE or any third party's intellectual property rights. All rights reserved. Further, the Content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws, treaty provisions and other protections afforded intellectual property. Unauthorized duplication is a violation of law and these Terms of Use. Entire Agreement. These terms and conditions serve as the entire understanding and agreement regarding the subject matter of these terms. If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.
If you have any questions about this Agreement, please feel free to contact us via telephone at 903-484-6269 or via email at Gloria@wigsandgrace.com.
This Agreement was last modified on January 2, 2017.