User Agreement
The following describes the terms on which Wunder products sites offers you access to our products and services.
Introduction
Welcome to Wunderwafers.com and Wunderpuffs.com. By using Wunderwafers.com and Wunderpuffs.com (including its related sites, services and tools), you agree to the following terms with Wunder Holdings LLC (hereinafter referred to as Wunder) and the general principles for the websites of any of our subsidiaries and international affiliates. If you reside outside of the United States, please contact us for further assistance.
This Agreement is effective upon visit of any of Wunder’s sites.
Scope
By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Wunder sites or services, or when you use the tools we make available to interact with Wunder sites and services. If you use another Wunder site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Wunder sites, services, and tools may have additional or other terms that we provide to you when you use those sites, services, or tools.
Using Wunder Sites
While using Wunder sites, services and tools, you will not:
- post content or items that violate any laws, third party rights or our policies;
- use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- fail to deliver payment for items purchased by you;
- circumvent or manipulate our fee structure or the billing process on Wunder sites;
- post false, inaccurate, misleading, defamatory, or libelous content (including your personal information or that of anyone else);
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Wunder sites, or the interests or property of Wunder site users;
- export or re-export any Wunder site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute rights or content from the Wunder sites, service, or tools or Wunder’s intellectual property, including (but not limited to) patents, copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Wunder Sites
Wunder and the users of the sites together keep our sites and services working properly and the users of the site safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
Fees and Services
Using Wunder sites may require the payment of monies. We may choose to temporarily change the fees and prices for our services for promotional event or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method, as provided on Wunder sites.
In the event that you have any disputes regarding charges you receive through purchasing on our site, you agree to contact us at orders@wunderwafers.com prior to contacting your credit card company for any disputes resulting in chargebacks. If you choose not to contact us prior to contacting your credit card company, you agree to pay up to an additional $35 fee for costs attributable to us to due to chargebacks or similar costs.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
While we try to offer reliable data, we cannot promise that the Information will always be accurate and up-to-date, and you agree not to hold our content providers or us responsible for inaccuracies in Information. The Information may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the Information or create any derivative works based on Information content (other than by including them in your listings).
Limitation of Liability
We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Some jurisdictions may not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $50.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The information on the Wunder sites is proprietary to Wunder. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Wunder and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Terms of Agreement. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. For a complete description of how we use and protect your personal information, see the Terms of Agreement. If you object to your information being transferred or used in this way please do not use our sites.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, now or in the future, including reasonable attorneys’ fees, taxes or other fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Wunder’s national registered agent or to the email address you provide to Wunder during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the purchasing process. In such case, notice shall be deemed given three days after the date of mailing
Entire Agreement
This Agreement constitutes the entire agreement and understanding among the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. This Agreement shall be binding upon and inure to the benefit of the Parties, their successors, and assigns. This Agreement may not be modified or amended other than by an Agreement in writing signed by the Parties, as earlier described herein.
Resolution of Disputes
If a dispute arises between you and Wunder, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Wunder agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Wunder must be resolved exclusively by a state or federal court of proper jurisdiction located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
- Arbitration Option – The Parties agree to meet and confer in good faith on all matters of common interest or all controversies, claims, or disputes which materially affect the performance of either Party under this Agreement. Any disputes in excess of $10,000 arising out of or relating to this Agreement which cannot first be resolved between the Parties will be submitted to non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association. The mediation will be conducted by one impartial mediator by mutual agreement or by three mediators if the Parties are unable to agree on a single mediator within thirty (30) days after the first demand by one Party to the other for mediation. The party found to be at fault shall assume responsibility for paying and/or reimbursing the other party for all arbitration costs, reasonable attorney’s fees and legal interest on any award of judgment.
Additional Terms
Our policies may be changed from time to time. Changes take effect when we post them on the Wunder sites. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, as they are updated or changed. All such policies or rules are hereby incorporated into this User Agreement.
General
You may contact us through the contact information provided on Wunder sites. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. You are not permitted to assign any part of this Agreement, without obtaining our prior express written permission. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn’t include an email message and a signature doesn’t include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to monies owed for our products), Release, Content, Liability, Indemnity and Resolution of Disputes.