By accessing this Website, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Website.
Generally You may also submit orders, submit questions with respect to product use and availability, and, now or in the future, interact with other WARKWYN customers and participate in any surveys, blogs or other services. The Website and all material posted on the Website or otherwise approved by WARKWYN (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Website and these Terms. You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms. Any other use of Licensed Content without WARKWYN’s prior written approval is strictly prohibited.
WARKWYN’s Proprietary Rights
From time to time WARKWYN may change the Licensed Content, the products and services offered, disable certain features of the Website or expand the Website’s capability. WARKWYN also reserves the right at any time and from time to time to modify these Terms, the Website, their functionality and capabilities and/or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You are responsible for regularly reviewing these Terms. You agree that WARKWYN shall not be liable to you or to any third party in any way. Also, we strive to provide accurate and up-to-date information on our Website, but the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update our information at any time without prior notice.
WARKWYN, in its sole discretion, may suspend or terminate your access, registration/membership or use for any reason, but especially if WARKWYN believes that you have violated or acted inconsistently with the letter or spirit of these Terms. WARKWYN may suspend, terminate and/or bar further access to the Website at any time without prior notice to you. WARKWYN shall not be liable to you or any third party for any suspension or termination of your access to or use of the Website.
The Website may contain links to other Internet websites or resources. When you link to those websites, you leave the Website. WARKWYN has no control over such websites, their content and resources or the business practices or policies of operators of such websites. The privacy terms set forth in these Terms do not apply to the practices of any companies or individuals operating the linked website. Please use caution and review the privacy policies of any website that you visit to learn more about their information-gathering practices.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
WARKWYN disclaims all representations or warranties about the accuracy or completeness of the Website or Licensed Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WARKWYN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANC, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) WARKWYN MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(e) WARKWYN IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WARKWYN SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WARKWYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, WARKWYN’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST WARKWYN WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SPECIAL NOTE TO PARENTS:
WARKWYN takes the privacy of children seriously. The Website is not directed at children, we do not knowingly collect personal information from children under the age of 13 through the Website and we request that children under the age of 13 not make any orders or submit any personal information through the Website.
If we learn that we have inadvertently received or collected personal information from a child under 13 years of age, we will remove such information from our database.
WHAT TYPES OF PERSONAL INFORMATION DOES WARKWYN GATHER?
All information that you input when using the Services is subject to collection and storage by WARKWYN. Such information may include, but is not limited to, your name, birth date, email and physical address, credit card information, and preferences.
We may also automatically collect information regarding your interaction with, and use of, the Website. We may use a variety of methods to collect this information, including, but not limited to, cookies, pixel tags, Web beacons, embedded Web links and other commonly used information gathering tools (“Automatic Data Collection Tools”). These Automatic Data Collection Tools collect certain standard information that your browser sends to us such as your browser type and language, access times, IP address, user-agent string and click stream behavior.
Keeping Your Account Information Private
You are solely responsible for maintaining the confidentiality and security of your account and password and for all activities that occur on or through your account, and you agree to immediately notify WARKWYN of any security breach of your account.
You may, in your sole discretion, share your preferences and purchases with others through third party platforms such as Facebook® and Twitter®. Your activity published on those platforms is at your sole discretion and risk and will be governed by the terms and privacy policies in effect for such third party platforms.
HOW DOES WARKWYN USE PERSONAL INFORMATION IT RECEIVES FROM ME?
WARKWYN may collect and use the information about you collected through the Website, to do the following:
Assist with your Account
• Activate your account
• Respond to your questions and instructions
• Investigate or take action regarding violations or suspected violations of law or our terms
• Maintain the integrity of our network and address security issues
Enhance, Operate, Improve and Analyze
• Enhance, customize, and personalize your WARKWYN experiences and communications
• Operate, provide, improve and maintain the Website, including analyzing user behavior and trends
• Send you administrative messages and other information about WARKWYN and its product offerings
• Communicate with you about your WARKWYN product(s), account information or customer service
Marketing and Promotion
• Communicate with you about products, services and events, and for other promotional purposes
• Administer contests, promotions, events, surveys or other features
• Display relevant marketing to you
WITH WHOM DOES WARKWYN SHARE THE PERSONAL INFORMATION IT RECEIVES FROM ME?
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below.
We employ other companies (including our affiliates) and individuals to perform functions on our behalf. WARKWYN works with support companies who assist with the administration of the Website, including, but not limited to, hosting the Website on their servers, and assisting with your questions and technical issues. Our service companies are contractually required to use any data they can access only for the above purposes and to never disclose these data to third parties.
PROTECTION OF WARKWYN AND OTHERS
Other than as described above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information. We will not share your personal information for this purpose without your prior consent.
Information security is important to WARKWYN. We have established appropriate physical, electronic and managerial safeguards to protect the information we collect from you or about you. These safeguards are regularly reviewed to protect against unauthorized access, disclosure and improper use of your information, and to maintain the accuracy and integrity of that data. We use a variety of security measures, including encryption and authentication tools, to help protect your information. However, like other companies, WARKWYN cannot guarantee 100% the security or confidentiality of the information you provide to us. Consequently, while we endeavor to safeguard your Personal Information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any Personal Information you transmit to, from or through the Website. In the event that we become aware of a security breach involving your Personal Information stored by or for us, we may notify you based on any contact information you have provided us.