Date: March 8, 2019
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE OR SERVICES. BY USING THE SITES AND SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS APPLY TO ANYONE (INCLUDING MEMBERS, VISITORS, USERS, AND OTHERS) WHO ACCESS OR USE THE SITE OR SERVICES. THESE TERMS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY GUARANTEED TO WRINKLE WITHOUT RESTRICTION.
Eligibility To Use Sites And Services
By accessing the Sites and Services, you represent and warrant to Guaranteed To Wrinkle that: (i) you are an individual at least 18 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) any information you may submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Sites and Services and take full responsibility for your access, selection and use of the Sites and Services. This Site is not available to any users previously removed from the Site by Guaranteed To Wrinkle, for any reason.
You may not use the Sites if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Sites are solely directed to individuals, companies, or other entities located in the United States.
These Terms may be revised at any time by us updating this posting and the date. If any material changes are made, we will provide email notice to you if you are a registered user or a member. Users of the Sites are encouraged to check the Terms periodically to stay informed of current changes. Your continued use of the Site or Services following any modification or changes to the Sites or Services indicates your acceptance of those changes.
Purchase of Membership and Services
If you purchase a membership with Guaranteed To Wrinkle or Services from the Sites, the terms of sale provided in this section apply to you, as well as all other specific rules, usage restrictions or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions or the Guest Terms and Conditions, as applicable).
You agree to provide your payment information at the time you purchase or renew your membership or order any Services on Guaranteed To Wrinkle premises on or through the Sites. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by Guaranteed To Wrinkle. Our payment page is powered by our third-party payment processors, Stripe. The information provided to Stripe is governed by Strips’s Terms of Services and Privacy Policies located at https://stripe.com/us/ssa and https://stripe.com/us/privacy . Guaranteed To Wrinkle is not responsible for the performance of Square or your agreements with them.
Unless otherwise specified, prices quoted are exclusive of value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for all applicable taxes on your membership, and taxes.
Purchase of a membership must be for your personal use only. Transfer of membership to other persons is prohibited. By purchasing Services, you hereby agree not to resell or distribute such Services for any commercial purposes. All orders are subject to our acceptance or rejection based on Service availability, noncompliance with these Terms or any other applicable terms, or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Cancellation or Suspension of Membership
Guaranteed To Wrinkle’s memberships are non-refundable unless otherwise specified in writing by Guaranteed To Wrinkle.
By signing up for a membership, you agree to provide payment for 12 months.
Returns and Refunds. Returns and Refunds will be governed by the additional terms as set forth at the time of the sale of the Services.
Third Party Websites, Links and Content
Guaranteed To Wrinkle has not reviewed all the sites linked to Guaranteed To Wrinkle Sites, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website and/or app may contain Guaranteed To Wrinkle logo, please understand that it is independent from Guaranteed To Wrinkle, and that Guaranteed To Wrinkle has no control over the content of that website and/or app. Going to third party or off-site websites from the Sites is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Guaranteed To Wrinkle.
Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and Services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Guaranteed To Wrinkle shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
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.
The Company will not tolerate certain social media conduct by users of the Sites or Services, whether indirectly or directly targeting or relating to Guaranteed To Wrinkle, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence or threats of any kind; or (c) conduct that violates any law or regulation. In the event that Guaranteed To Wrinkle believes that you have breached this paragraph, Guaranteed To Wrinkle reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding Guaranteed To Wrinkle or any of Guaranteed To Wrinkle’s officers, directors, employees, personnel, agents, policies, Services, members or guests, Guaranteed To Wrinkle may immediately terminate your membership or your guest member privileges as applicable, and/or use of the Sites, and we reserve our full legal rights to pursue legal damages against you.
Intellectual Property Rights
The trademarks, trade names, and copyright of Guaranteed To Wrinkle are proprietary to Guaranteed To Wrinkle and may not be used by you for any reasons other than as expressly permitted by these Terms. All Site content, design, text, graphics, and interfaces and all software are property of, or duly licensed to, Guaranteed To Wrinkle. You have the right to view, electronically copy, and print portions of the Sites for personal use only. Any other use of materials on the Sites, including modification, distribution, or reproduction for purposes, without the prior written permission of Guaranteed To Wrinkle is strictly prohibited. Any unauthorized use of Guaranteed To Wrinkle’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
You acknowledge that Guaranteed To Wrinkle and/or third-party content providers remain the owners of all Sites’ materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Guaranteed To Wrinkle may discontinue or remove the Sites, or any portion thereof, or discontinue your right to use the Sites, or any portion thereof, at any time. Guaranteed To Wrinkle reserves all rights not expressly granted in these Terms and the Sites.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. GUARANTEED TO WRINKLE AND THE THIRD-PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE SITES OR SERVICES. GUARANTEED TO WRINKLE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ACCURACY OR SUITABILITY OF CONTENT, OR THAT THE SITES WILL BE ERROR-FREE OR WORK IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR HARDWARE OR SYTEMS, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GUARANTEED TO WRINKLE AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SITES OR SERVICES. GUARANTEED TO WRINKLE AND THE THIRD-PARTY LICENSORS AND AGENTS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITES, USE OF THE MATERIALS ON THE SITES, AND/OR THE SERVICES.
GUARANTEED TO WRINKLE AND ANY THIRD PARTY LICENSEORS AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING OR ACCESSING THE SITES OR SERVICES, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITES OR SERVICES. IN NO EVENT SHALL GUARANTEED TO WRINKLE OR ITS THIRD-PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES MADE AVAILABLE FROM THE SITES, EVEN IF GUARANTEED TO WRINKLE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. AS A USER OF THE SITES, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES OR SERVICES IS TO STOP USING THEM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to defend, indemnify and hold Guaranteed To Wrinkle and any third-party licensors and agents harmless from, and you covenant not to sue Guaranteed To Wrinkle or any third-party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any terms of these Terms, (b) your negligence, error, omission or willful misconduct, or (c) your use of the Sites or Services.
Choice of Law
The Sites and Services and your use hereof are governed by the laws of the State of California, without regard to California’s choice of law provisions. Any claim arising out of your use of the Sites or Services must be brought in San Francisco, California.
For any dispute with Guaranteed To Wrinkle, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Guaranteed To Wrinkle has not been able to resolve a dispute after sixty (60) days, each party agrees to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California, unless you and Guaranteed To Wrinkle agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Guaranteed To Wrinkle from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
You agree that, by entering into these Terms, you and Guaranteed To Wrinkle are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. With respect to all persons and entities, regardless of whether they have obtained or used the Services or Sites for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and, unless Guaranteed To Wrinkle agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with any amendments and any additional agreements you may enter into with Guaranteed To Wrinkle in connection with the Sites and Serices, shall constitute the entire agreement between you and Guaranteed To Wrinkle concerning the Sites. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal jury trial waiver, the entire arbitration agreement shall be unenforceable. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Guaranteed To Wrinkle’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.