This website is owned by and under the control of wonderMode, Inc. ("wonderMode"). Access to and use of our website and all of wonderMode's content, services, materials, information, databases and systems are subject to these Terms and all applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, wonderMode may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of wonderMode's system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in our website or any wonderMode database, material, service or system. Any updates to these Terms shall be posted on our website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. wonderMode reserves the right to terminate access to our website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use our website for any unauthorized or illegal purpose is strictly prohibited.
2 wonderMode is a Venue
Users not Known: The users of our website are not known to wonderMode other than the information provided by a user upon registering with us and thus we do not know, and cannot guarantee, the true identity or any other personally identifiable information of any of our users.
Diligence: You acknowledge and agree that wonderMode is a venue and as such is not responsible or liable for any content posted by our users, including, you, or any of the items purchased or sold through our website. If you have any reason to believe that an Item is not truthfully represented or if you have any doubt of the legitimacy of the buyer or seller in any transaction, you are advised to conduct sufficient diligence to your satisfaction before proceeding with any transaction. Your access and use of our website and your participation in any transaction to buy or sell Items through our website is at your risk.
Item Availability: Additionally, you acknowledge that Items described in the website may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Registration: wonderMode's services are intended for, and may only be used by, people who are at least 18 years or older. By registering on our website you represent and warrant that you are at least 18 years old, that all registration information you provide is truthful, accurate and complete. You may not register or otherwise select or use a User ID of another person with the intent of impersonating that person or which would otherwise cause confusion of the users of our website. You must keep your account information current and accurate at all times, including a valid email address. To sell Items on wonderMode you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. We reserve the right, in our sole discretion, to suspend, cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time. wonderMode may, in its sole discretion, change its eligibility criteria at any time.
Passwords: You are responsible for all activity undertaken under your username and password. wonderMode is not liable for any loss or damage arising from any unauthorized activity under your account. You must keep your password secure and are advised to change it from time to time. You agree to immediately notify wonderMode of any unauthorized use of your account.
Transfer: You may not sell, assign or otherwise transfer your wonderMode account or User ID to any other party. If you are registering as a business or other legal entity (and not as an individual person), you personally guarantee that you have the authority to bind the entity to these Terms.
4 Usage Policy
Without our prior written consent, which consent may be given or withheld in our sole discretion, you may not:
- resell, sublicense, rent, lease or otherwise publicly distribute any wonderMode information, services or database, or any part or parts thereof or information contained on our website, or any access thereto;
- use your access to our website or our information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;
- use our website or our information, services, database or system which you access in violation of, or post any information to any wonderMode owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity;
- copy or transfer any wonderMode information, service, database or documentation, except as permitted by us;
- modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of wonderMode's databases or system, or the selection, coordination or arrangement of products or services in any wonderMode database. You may not copy or adapt the HTML or other code that we use to generate the pages on our website;
- use wonderMode to direct users to other online venues to purchase the same Items as listed on wonderMode, including posting any information sufficient to locate an Item elsewhere; or
- establish any hyperlinks away from our website (Hyperlink), except as provided in Section 10 below.
Further, you are solely responsible for your conduct and activities on our website and any and all content that you submit, post, and display on our website. While using our website, you will not:
- interfere with other users' listings;
- post for sale any Item that may not legally be sold;
- circumvent or manipulate our Fee Schedule, the billing process, or fees owed to wonderMode; or
- post false, inaccurate, misleading, defamatory, libelous or obscene content or child pornography, or involve the sale of illegal, counterfeit or stolen Items.
Fee Policy: Joining wonderMode and purchasing Items on our website is free. We charge fees for listing an Item, as well as a percentage of the sale price upon sale as more fully described in our Fees & Payment Policy, which may be updated or modified by us from time to time, the current version of which is incorporated herein by reference. When you decide to list an Item for sale you have an opportunity to review and accept the fees that you will be charged. You consent that we may charge your credit card our then current Item upload fee upon our acceptance of each individual Item that you submit to the website for sale, in addition to all other applicable fees, as set forth in our Fees & Payment Policy. We will use reasonable efforts to provide at least fourteen (14) days' notice of any change to the Fees & Payment Policy by posting the changes on our website. Further, we may elect to temporarily change the fees for our services for certain promotions or new services, and such changes are effective when we post the temporary promotion on our website. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Fee Payment: Except as otherwise may be provided in our Fees & Payment Policy, wonderMode shall act as a facilitator for the payment of any transaction. Accordingly, buyers shall make all payments to wonderMode (including, without limitation, the Item sale price, shipping and applicable state and federal taxes), but shall not pay international duties and value-added taxes directly to wonderMode. Buyers shall accept responsibility for paying international duties and value-added taxes. wonderMode will provide sellers with notice upon wonderMode's receipt of payment in full from a buyer, and seller shall thereafter promptly ship the Item. On or about the first and fifteenth day of each month, wonderMode shall provide sellers with a sales report of all amounts collected by wonderMode from the sale of seller Items and submit to seller with each such report the proceeds from each sale (including, without limitation, the Item sale price, shipping and applicable taxes) less the amounts owed to wonderMode pursuant to its then current Fees & Payment Policy which each seller hereby authorizes wonderMode to deduct from each sale prior to remitting any payment to seller. Seller is responsible for paying taxes in accordance with local, state and federal law.
Payment Obligations: By listing an Item on our website, you agree to pay wonderMode's fees for such and you assume full responsibility for the content of your listing and Item offered. In the event that a seller de-lists an Item for sale, a seller will still be responsible for paying the applicable listing fee. Additionally, wonderMode shall not have any liability for the return of any or all fees paid to it arising out of any transaction in the event that an Item is returned by a buyer to the seller. You are responsible for paying all fees and applicable taxes associated with using wonderMode in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms or terminate a listing or your account. If we terminate a listing or your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay wonderMode for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, please contact us at email@example.com or 646-801-6633.
Taxes and Duties: The buyer shall be responsible for paying all sales and use taxes, valued-added taxes, export and import taxes, and duties and all transactional taxes or levies related to the buyer's purchase of each Item (collectively, Taxes). wonderMode will use reasonable efforts to calculate and collect Taxes due from each sale, which wonderMode will pay to Seller for further remittance to the appropriate taxing authority, provided, however, the failure of wonderMode to collect any applicable Taxes will not waive any obligation of the buyer to pay such Taxes. The failure of the seller to collect the Taxes from the buyer will not relieve the buyer's obligation. The buyer shall have the responsibility to establish and document any applicable exemption from Taxes. wonderMode is not responsible for collecting or remitting any Taxes to the tax authorities and cannot, and will not, be held liable for any such Taxes. Should wonderMode collect Taxes, it is merely doing so as a convenience to the buyer and seller to further facilitate the transaction, however, it remains the buyer's and/or seller's responsibility to remit such Taxes to the appropriate tax authorities. Seller shall be responsible for timely remitting all such Taxes and duties to the applicable taxing authority.
6 Item Listings & Sales
Item Description: All items must be listed in an appropriate category with appropriate tags and each unique item must have its own listing. Item listings and other content posted by you on our website may not link to any other website. By listing an Item on our website you warrant that:
- you own you the Item or otherwise have full rights to sell the Item;
- neither the Item nor any content you provide on our website infringes any other party's intellectual property rights, trade dress or rights of privacy and does not misappropriate any party's likeness;
- the Item is in compliance with all applicable laws, rules and regulations;
- the description of the Item and proposed terms of sale are accurate, complete and truthful, including, without limitation, available quantity; and
- the Item complies with all of wonderMode's published policies and these Terms.
Tasteful Descriptions: Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, provided, however, your postings and Item descriptions may not use profanity, nudity or other content of a violent or sexual nature.
Item Prices: Items for sale on our site may not be sold under a bidding or "best offer" process. Sellers must post the sale price and all applicable charges for the sale of an Item. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not alter an Item's price after a sale for the purpose of avoiding wonderMode transaction fees.
Length of Listings: Subject to our rights to remove a listing, all seller listings that are approved for inclusion on the website will be listed only for the applicable seasonal collection (i.e., spring/summer or fall/winter) and will be removed at the end of the season for which such items are normally sold.
Item Rejection and Removal: We reserve the right to reject or otherwise remove any Item or any content that is in violation of these Terms or for which wonderMode receives notice alleging that such Item or content infringes the rights of any third party or violates any applicable law, rule or regulation. Additionally, we reserve the right to reject or remove any Item that we determine in our sole discretion does not meet our high standards or that we otherwise deem to be in poor taste.
Binding Sale: All sales are binding. The buyer and seller are each obligated to complete the transaction in a prompt manner. A transaction is commenced when a buyer completes the checkout process on our website and remits payment as indicated, and is completed upon shipment of the Item by Seller. The buyer is obligated to timely deliver appropriate payment for items purchased, and the Seller is obligated to timely ship the order after confirmation of buyer's payment thereof. Buyers and sellers will each receive an email notification from wonderMode with information concerning the transaction and an invoice indicating the transaction.
Shipping: We recommend, but do not require, that sellers use UPS to ship products to buyers. Regardless of the carrier, however, sellers agree to ship products within two (2) business days of buyer's purchase of a product.
Inventory updates/penalties: It is up to the Seller to monitor and update their inventory levels to ensure customer does not waste time purchasing an item that is "out of stock." Thus, should a customer order an item that is indeed "out of stock" but not noted online, Seller will be penalized to pay the 20% Sales fees wonderMode would normally charge. Solely at wonderMode's discretion, some of the proceeds maybe used to incentivize customer to purchase other items at a discount ie X% off should they see something else on the site they like etc.
NOTE: If Seller has technical issues and cannot update inventory they should immediately email wonderMode at firstname.lastname@example.org with details/screen shot of issue. wonderMode will advise Seller of fix and/or correct inventory levels for Seller to avoid penalties etc.
7 Returns & Refunds
SELLERS (Buyers returns & refund info below)
ALL items unworn and unwashed are returnable within 20 days of customer receipt, unless otherwise stated on the item product details page. We will offer the Buyer a credit for the full price of their product purchase, including tax, which will be refunded directly to their credit card. Buyers should contact the Seller before returning the item to ensure the Seller is aware of the return.
SHIPPING & HANDLING (S/H) FEES - ALL S/H FEES ARE PAIND BY THE BUYER.
Follow the process below using the wonderMode preprinted return slip (Buyers have the option to use other shipping carriers as long as the package is trackable).
STEP 1 - CONTACT SELLER:
wonderMode recommends that all Buyers first contact the Seller via wonderMode Messaging to discuss the reason for the return.
STEP 2 - RETURNING/EXCHANGING THE PRODUCT: Buyers are encouraged to use the return slip that will be emailed to you (for USA doemstic orders only) upon receiving your return request. The return shipping label should be printed and attached to your return package. For international order returns please contact the seller for return label.
STEP 3 - REFUNDS / CREDITS:
All return shipping fees will be deducted from the total refund of any returned items. If an item(s) is returned because it was shipped with defects or is not as advertised on our site, the return shipping fee should be paid by the Seller and refunded to the Buyer.
Return shipping fees:
- There are no up-front costs for using the UPS prepaid return shipping label. The return shipping fees are deducted from the final refund:
- Return fees for one (1) item: $7.95 UPS Ground
- Return fees for two or more items: $10.95 UPS Ground
- These services are available in the United States only. International rates vary and we suggest you contact the Seller for further information on rates.
Buyers can also send the item back to the Seller at the address noted on the Return Shipping Label and Return Form using any other shipping carrier at the Buyer's expense. wonderMode recommends that the carrier provides a way of tracking the package. Once the Seller receives the package, they will process an exchange or issue a refund in accordance with the Returns & Refunds policy. It is recommended that Buyers insure their package if not using the wonderMode Return Label.
WonderMode will handle all the financial logistics for the Sellers. wonderMode will automatically deduct the total refund amount of the returned products from Seller's semi-monthly payout. If your next semi-monthly payout does not have enough funds to cover the total refund amount, your credit card on file will be charged the difference.
NOTE 1: Sellers should be flexible, accept returns to ensure customer satisfaction and positive customer feedback.
NOTE 2: Return transactions are tracked and insured by UPS via wonderMode's return shipping label.
NOTE 3: The sales transaction commission paid to wonderMode at the time of sale will not be subject to refunds if a customer decides to return an item after order is shipped.
ALL items unworn and unwashed are returnable within 20 days of customer receipt, unless otherwise stated on the item product details page. Sellers will offer Buyers a credit for the full price of their product purchase including any applicable taxes. The refund will be credited directly to their original payment method. Buyers should contact the Seller before returning the item to ensure they are aware of the return.
SHIPPING & HANDLING (S/H) FEES - ALL S/H FEES ARE PAIND BY THE BUYER.
All returned products can be shipped using the included return shipping label in each package. Upon approval of the return, the Seller will authorize the refund of the total amount of the product, less the return shipping fees associated with the wonderMode return shipping label. The return shipping fee covers handling, tracking, and insurance for the shipment. If you received an item(s) that is the wrong product, damaged or not as described/advertised on our site, the Seller should refund the full amount of the product without deducting the return shipping fees.
TO RETURN A PRODUCT, FOLLOW THE INSTRUCTIONS BELOW:
STEP 1 CONTACT THE SELLER:
The Buyer should contact the Seller via wonderMode Messaging to alert the Seller of the return or exchange.
STEP 2 SHIP THE PRODUCT:
Buyers are encouraged to use the wonderMode return shipping label provided in each order. The label will insure the return shipment and can be tracked online. When the Seller receives and approves of the returned products, wonderMode will send a confirmation to all parties and process the refund to your original payment method.
- There are no up-front costs for using the included prepaid shipping label. However, return shipping fees are deducted from your final refund:
- Return fees for one (1) item: $7.95
- Return fees for two or more items: $10.95 (total cost is $10.95; it is not $10.95 per item)
- These services are available in the United States only. International rates vary and we suggest you contact the Seller for further information on rates.
Buyers can also send the item back to the Seller at the address noted on the return shipping label using any other trackable method, at your expense. Once the Seller receives your package, they will process an exchange or issue a refund in accordance with the above policy. Please insure the package.
Delivery dates of pre-orders:
The delivery date is an estimated shipping date. Delivery dates cannot be guarantee for pre-order items due to unforeseen delays by the designer/manufacturers. Pre-order items are sold on a first come first serve basis and may at times have limited quantities. We will charge your card for the full amount when the order is placed including related shipping fees if applicable.
Cancelling a pre-order:
We will accept cancellations on preorder items, but for online credits only that can be used on future purchases. If for some reason we cannot fill your order we will issue a full refund to your credit card.
Returning a pre-order:
If a pre-order item is returned an online credit will be issued within 5 business days of receipt of returned items, a customer will be issued an online credit. Online credits are valid for one year from the date issued. Online credits can be used at checkout.
9 SITE PROMOTIONS (FOR SELLERS)
From time to time wonderMode offers special site promotions and discounts in order to incentivize consumers & their friends to opt in to our email list and/or purchase products they may otherwise not. You are required to participate.
10 NO WARRANTY; LIMITATION OF LIABILITY
wonderMode does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from our website, nor the quality of any Items, information or other materials or services displayed, sold or purchased by you as a result of your use of our website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Unless otherwise provided in these Terms, wonderMode reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of our website, with or without notice to you.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, WONDERMODE DOES NOT WARRANT THAT ANY INFORMATION, ITEM, CONTENT OR OTHER MATERIAL ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY WONDERMODE SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY WONDERMODE, OR ANY PART THEREOF, WILL BE ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. WONDERMODE MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ITEMS AND SERVICES PROVIDED BY WONDERMODE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
You will indemnify and hold us (and our employees, officers, directors, shareholders, agents and representatives) harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. You will not hold wondermode responsible for other users' content, actions or inactions, OR items listed on our website. IN NO EVENT WILL WONDERMODE OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY WONDERMODE INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, ITEM, PRODUCT, CONTENT, OR SERVICE PROVIDED BY WONDERMODE THROUGH OUR WEBSITE, ANY INFORMATION PROVIDED IN OUR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF OUR WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER WONDERMODE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11 DATA PROTECTION; LICENSE
Visible by Others: Additionally, if you use a bulletin board or chat room on our website you should be aware that any information you share is visible to other users. Information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. wonderMode is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, wonderMode will collect that information from your interaction and the information will become publicly available.
Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at our website, whether registered or unregistered, are the property of wonderMode or wonderMode's affiliates. Such marks are not to be copied, reproduced, published or in any way used without our written permission or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of our website including but not limited to text, artwork and photographs, is owned by wonderMode. Photographs for Items are for demonstrative purposes only, and unless otherwise stated, do not represent an endorsement, sponsorship, connection or affiliation with the third party designer or manufacturer. No part of our website may be published, stored or transmitted in any form or means without our express written permission. You may download a single copy of the content displayed on our website solely for your non-commercial, personal use, provided that it retains all copyright and other proprietary notices contained in the content.
No Hyperlinking. No person may establish Hyperlinks away from our website without our prior written consent, which consent may be given or withheld in our sole discretion. Contact us at email@example.com or 646-801-MODE (6633) to obtain this consent. All links to our website are subject to the following requirements: (i) the list must display our website in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by wonderMode nor be such as to damage or dilute the goodwill associated with our name and trademarks.
No Warranty. If you decide to access linked third party sites, you do so at you own risk. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from our website, since these sites are owned and operated by independent third-parties. wonderMode has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. wonderMode does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against wonderMode with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
You are prohibited from violating or attempting to violate the security of the website and from using the website to violate the security of other third party sites by any method, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
- attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- forging any wonderMode header or any part of the header information in any e-mail, instant message, text message or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. wonderMode may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN OUR WEBSITE, ANY WONDERMODE INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE WONDERMODE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, WONDERMODE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM LISTINGS, SALES, PURCHASES OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING OUR WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
If you have a dispute with one or more users of our website, you hereby release wonderMode (and our employees, officers, directors, shareholders, agents and representatives) 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. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We encourage our users to resolve their own disputes. We do not mediate disputes, though may try to help users resolve disputes and will do so in our sole discretion. We have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on wonderMode's policies.
You may not use our website or any forum or bulletin board contained on our website to discuss disputes with wonderMode or any of our users.
16 NO WAIVER
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind wonderMode in any respect whatsoever.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
19 GOVERNING LAW; VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding its laws governing conflicts of laws. The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in New York. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this web site. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
20 ENTIRE AGREEMENT
If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
22 RESERVATION OF RIGHTS.
Our website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.If you have any questions regarding this website or its contents, or these Terms, contact us at firstname.lastname@example.org or 646-801-MODE (6633).
Last updated: January 4, 2012