TERMS OF SERVICE

OVERVIEW

Throughout the site, the terms “we”, “us” and “our” refer to Witting. Witting offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1. SERVICE USE REQUIREMENTS

Age Restrictions

 The Services provided by Witting store are only available to individuals 13 years or older, each user may only create one account.  If you are under the age of 18 a legal guardian or parent must assist you in establishing an account and your legal guardian or parent must agree to this Agreement. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.

Use Limitations

You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.

User Accounts and Devices

Witting store reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.

Service Availability

Witting’ services and its related features may not be available in all languages and/or all countries. Given this possibility, Witting  makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.

Changes to Services

Witting reserves the right to change, remove, modify or adjust the Services offered or the terms of this Agreement in its sole discretion and at any time. Witting will make best efforts to communicate such changes, modifications, and/or adjustments to you. Continued use of the Services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to Witting’s changes, modifications, and/or adjustments you must terminate your use of the Services immediately and notify us.

2. SERVICE FEATURES

Merchandise Purchases—(Terms of Sale and Risk of Loss)

Witting website(s) allow a registered user the ability to purchase specific merchandise through our online store. We solely determine what merchandise will be sold through our site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time (collectively “Offers”).  We have the sole discretion to honor any Offers and Offers may only be used once per person and we reserve the right to process any Offer where we suspect that you have used such Offer in a manner that is not in conformance with our internal Offer policies.

For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by Witting. We retain the right to refuse any request to purchase made by you for any reason whatsoever.

Prior to Witting accepting any order, we have the right to verify any information you send to us. Witting reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, Witting  reserves the right to limit the number of items ordered and to refuse to provide Services  to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Witting shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. 

We make every effort possible to display as accurately as possible the colors of our products that appear on the website; however, the actual color you will see will depend on many factors, including the lighting conditions under which the picture was taken and the resolution of your computer monitor, and we cannot guarantee that your computer will accurately display our colors. Please be aware that all photos of any products on the Services are for illustrative purposes only.  Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Services, it is possible that some photos shown on our Services may not exactly match the actual product.  The final products received by you may vary slightly in color, size, look, finish, or style.  Additionally, you should be aware that all sizing and measurements are approximate and not exact. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Products are available while supplies last. All prices and products advertised are subject to change. Although we try to keep all products on our Services available and on hand, there may be times where such products or specific sizes or colors, are unavailable. 

All prices displayed on the Services are quoted in U.S. dollars.

3. USER CONTENT AND CONDUCT

 User Content

A user’s ability to submit or transmit any information through the Services, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Services will be owned by you, the user.  Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  You understand that we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Services may be modified, edited, or removed at our discretion. Witting does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted.  You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.

When submitting any User Content to our Services you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.

User Conduct

By agreeing to the terms of this Agreement, you expressly agree to refrain from using our Services in the manner described below to:

  •  Engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
  • Misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). Witting reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
  • Generate or make available User Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by Witting (including using the means described to stalk, harass, or intimidate another);
  • Request as an adult using the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
  • Upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
  • Engage or plan any illegal activity and/or store and collect personal information of users of the Services for any prohibited activities as described in this Agreement or our internal usage policies.

Content Removal

Witting does not claim any responsibility for the User Content that others may provide nor is Witting bound to pre-screen all User Content submitted via the Services. However, Witting reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove User Content it determines to be in violation of this Agreement.

Access to User Account and Content. 

Witting intends to enforce this Agreement to the fullest extent provided by law. As part of that process, Witting reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that Witting has the right without limitation to use, access, store and/or disclose your account information n and related User Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that Witting believes is necessary in order to:

1) comply with a valid legal process or request;

2) prevent, detect, or identify fraud or technical issues;

3) enforce the terms of this Agreement including any necessary investigation thereof; 

4) protect the rights of Witting, its users, a third party(ies), or the public as permitted by law.

Agreement Violations.

Witting makes best efforts to remove inappropriate or objectionable User Content that violates this Agreement. If you encounter inappropriate or objectionable User Content while using our services, please report it to us at [email protected].

4. TERMINATION

User Termination

You may delete your user account and stop using the Witting services at any time.

Witting Termination

Witting may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by Witting shall be made in its sole discretion and Witting will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.

Termination Effects

Termination of your services account may result in the loss to all access to the Services and any account portions thereof including any User Content. After a period of time, as determined by Witting, all data and information stored via your account may be deleted.

5. LINKS AND THIRD PARTY MATERIALS

As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to third party content, resources, or websites. Because we have no control over third parties and their related materials, you acknowledge and agree that Witting shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.

6. DISCLAIMER OF WARRANTIES

Use of this service including any services provided, the writing content, and all products and items purchased, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

except for any warranties as expressly provided within this agreement, the services, any services, and all products sold on the services are provided “as is,” “with all faults” and without warranties of any kind, either express or implied, including, but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose.

witting does not warrant that the services, any services offered, or any products or items sold will be:  (1) uninterrupted or error-free; (2) free from defects or errors; (3) free from viruses or other harmful components; or (4) be accurate, functional, or reliable.

7. LIMITATION OF LIABILITY

In no case shall Witting, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. INDEMNIFICATION

As a requirement to use our services, you expressly agree to defend, indemnify, and hold Witting and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any User Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Witting determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.

9. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

10. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

​These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

11.GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and constructed in accordance with the laws of USA.

12. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].