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Terms & Conditions

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Terms of Sale

This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you and The Welcome Bag Company LLC (the “WBC”), the owner and operator of the Welcomebags.com website (the “Site”). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted.

This Agreement is intended to supplement the website Terms of Use.
The WBC takes the issue of privacy on the Internet very seriously. View Your Privacy Rights for details. 

The following links are made available to help you find what you are looking for in our Terms of Sale:

  Orders / Sales Tax
Product Descriptions / No Refunds or Exchanges
Display 
Payments and Disputed Payments
Pricing / Shipping / Pricing Errors / Other Errors
Safe Shopping & Security
Order Status
Disclaimer of Warranties
Waiver and Limitation of Liability
Indemnification
Governing Law and Venue

Orders / Sales Tax
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime). 

With respect to U.S. Sales Tax, this is applied only to orders being shipped to Colorado.  Taxes are applied to the entire order including Shipping & Handling, depending on the Colorado city you are shipping to, as follows:

    Orders shipped to Lafayette, Colorado
        Current Colorado state, RTD/CD/FD, Boulder County, and Lafayette city sales taxes apply
    Orders shipped to cities within Boulder County, Colorado other than Lafayette
        Current Colorado state, RTD/CD/FD, and Boulder County sales taxes apply
    Orders shipped to cities in Colorado outside of Boulder County, but within RTD boundaries 
        Current Colorado and RTD/CD/FD sales taxes apply  
    Orders shipped to cities in Colorado other than those included above 
        Current Colorado sales taxes apply only 

NOTE:  States requiring sales taxes on internet sales is subject to change.  Orders will reflect the latest requirements. The WBC will make customers aware of the tax amount due at the point of purchase for all items subject to sales tax.

International orders (outside the US) may be subject to Customs Duties & Taxes where applicable.

Product Description / No Refunds or Exchanges

We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free.  Given that our products are custom made-to-order, all sales made through the Site are final. No refunds or exchanges for items purchased through this Site will be made. 

Display
We have made every effort to display the items featured on this Site as accurately as possible.  Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen.  The Site cannot be responsible for the limitations of your monitor’s display of any color or detail.  For optimal viewing, we recommend setting your monitor to 1024 x 768.


Payments and Disputed Payments 

The WBC does not accept checks, drafts, or money orders for orders submitted through the Site.  Upon checkout, you will be provided with two methods for payment: 1) online credit card payment, or 2) phone-in credit card payment.  For option 2, you have the choice of calling our toll free number (800-464-5480) or we will phone you to receive payment information before finalizing the order.  We accept all major credit cards.  You will bear all costs associated with a disputed credit card charge which results in action from the WBC's merchant account provider, otherwise known as “chargebacks”.

Pricing / Shipping / Pricing Errors / Other Errors

Prices offered on the Site are quoted in U.S. Dollars.  Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to your total invoice price.  You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. 

If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.


Safe Shopping & Security

View Your Privacy Rights which describes our security procedures.  Additional information on our secure shopping practices can be found in our Secure Shopping Statement.

Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50 of fraudulent charges on your credit card. If you bank does hold you liable for up to $50 for purchases made fraudulently at the Site, the WBC will reimburse you the full amount charged by your bank, but only if the unauthorized use of your credit card resulted through no fault of your own for purchases made at the Site. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.

Order Status
Once you place an order, the WBC will send you a personalized email within one business day and provide you with an order confirmation number.  When your order is shipped, the WBC will send you a shipment confirmation email with the shipping carrier tracking number, if available.

In addition, you can review the status your order(s) online by logging in at 
Welcomebags.com (select “My Account”, log in, and click on the "Order History" button).  If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with the WBC, you consent to receive email from the WBC regarding your order.  You can always contact us at 1-800-464-5480 if you have any questions concerning your order.

Disclaimer of Warranties

YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF THE WELCOME BAG COMPANY. YOU ACKNOWLEDGE BY YOUR USE OF THE WBC’S PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THE WBC'S PRODUCTS.  THE WBC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.


Waiver and Limitation of Liability

THE WELCOME BAG COMPANY HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT THE WBC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301.

Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those containing small pieces, rope, or ribbon
 may not be suitable for children and should be kept out of the reach of children.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE WELCOME BAG COMPANY ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE WELCOME BAG COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.

Governing Law and Venue

This Agreement, the entire relationship between you and the WBC, and any litigation or other legal proceeding between you and the WBC (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its choice of law rules. This contract is fully performable in Boulder County, Colorado.

Effective Date: 06/2008



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Terms of Use

This Terms of Use Agreement and statement of certain Store Policies (the “Agreement”) constitutes a binding legal contract between you and The Welcome Bag Company LLC (the “WBC”), the owner and operator of the website which can be found at Welcomebags.com (the “Site”). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time. 

This Agreement is intended to supplement the Terms of Sale agreement. The WBC takes the issue of privacy on the Internet very seriously. View Your Privacy Rights for details.


The following links are made available to help you find what you are looking for in our Terms of Use:

  General Conditions of Use
Access and Interference
Registration and Passwords
Changing/Modifying Your Account
Intellectual Property Rights
Third Party Copyrights
Links to Other Sites / Framing this Site
Comments and Submissions
Indemnification
Disclaimer of Warranties
Limitations and Exclusions of Liability
Modification
Entire Agreement / Interpretation
Severability
Governing Law and Venue
Term / Termination
Waiver
Electronic Communications
Contact Information

General Conditions of Use 
The WBC hopes you enjoy the Site and use it safely and constructively.  Your use of the Site does not entitle you to continue to use the Site.  Your use of the Site is at the sole discretion of the WBC, which may deny you further use of the Site at any time, for any reason, with or without cause.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

 
  • upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
  • impersonate any person or entity, including, but not limited to, a WBC official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
  • upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
  • falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
  • solicit passwords or personal identifying information from other users for commercial, unauthorized or unlawful purposes;
  • advertise or offer to sell or buy any goods or services for any business purpose; or
  • do any other act which is otherwise inappropriate for the Site, in the WBC's sole judgment.

Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of the WBC is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission.  You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by the WBC.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the WBC or its affiliates without prior express written consent.  You may not use meta tags or any other “hidden text” utilizing the WBC's name or trademarks without the express written consent of the WBC. 

Registration and
Passwords
Registering with the Site provides you many benefits. When you register with our Site, we will remember your information for future use. This makes your experience on our Site easier and more convenient.  When you use the Site and sign in, you have easy access to your order status and the convenience of storing frequently used shipping/billing addresses.

When you register, you will be asked to select a username and password. If you forget either your username or password, the WBC can email it to you provided that the email address you submit matches what we have on file. Additionally, if you prefer, you can also call 1-800-464-5480 for assistance. 

In consideration of your use of the Site as a registered user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the WBC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the WBC has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Please refer to
Your Privacy Rights to learn about what information the WBC collects and why.

Changing/Modifying Your Account
We make it easy for you to update your registration profile, address, your site password, and other similar items . We have the following options for changing and modifying information about your account.

You can call: 1-800-464-5480.

You can edit your account information by navigating to “My Account“ and choosing “Modify Profile”

Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

 
  • The WBC grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law); sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in or other intellectual property included on the Site.
  • The Welcome Bag Company, the Welcome Bag Company logo, Welcomebags.com, Welcomebagcompany.com, and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by The Welcome Bag Company LLC.  You agree not to copy, display or otherwise use any of the Marks without the prior written permission of the WBC.  
  • You may not utilize the Site design or layout.  Page headers, custom graphics, button icons, scripts and other elements of the Site are service marks, trademarks, and/or trade dress of the WBC may not be copied, imitated, or used, in whole or in part, without the prior written permission of the WBC.
  • The entire Site, and all object code and source code associated therewith, are copyright 2003 - 2008 The Welcome Bag Company LLC. All rights reserved. The arrangement and compilation of all content on this Site are the exclusive property of the WBC and are protected by U.S. and international copyright laws. All software used on this Site is the property of the WBC or its software licensors and is protected by United States and international copyright laws.

No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of the WBC.

Third Party Copyrights
The WBC respects the intellectual property of authors and creators of visual images and we ask our customers to do the same. A copyright exists in nearly all images and artwork.  Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original.  Federal law provides both civil and criminal penalties for violation of a copyright. The WBC and its customers are each subject to the copyright laws.

You represent and warrant that you possess all necessary rights to use the content that you submit to the WBC through the Site, and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that the WBC deems appropriate, in our sole and exclusive discretion.

If you have any questions, you should consult a lawyer who specializes in copyright law.

Links to Other Sites / Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of the WBC.  Please note that the WBCis not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site.  Accordingly, the WBC can neither make a representation concerning the content of these sites to you nor can the fact that the WBC has provided this link serve as an endorsement by the WBC
of this or any other site.  In creating hypertext links to any other website, the WBC is not recommending that website or giving any assurances as to its standing. The WBC is providing this link only as a convenience to you.  The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. The WBC makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third party websites, you do so at your own risk.

You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent. 

Comments and Submissions
The WBC appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). The WBC is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of the WBC upon receipt, which means that the WBC shall own all right, title and interest in and to Your Comments.

Indemnification
You agree to defend, indemnify, and hold completely harmless the WBC and its officers, directors, shareholders, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of the WBC, arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site.  You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, shareholders, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 
  • YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, THE WBC'S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS;
  • THE WBC ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS; AND
  • THE WBC IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

THE WBC MAKES NO WARRANTY THAT:

 
  • YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR
  • ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBC OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY.  THE WBC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitations and Exclusions of Liability
IN NO EVENT SHALL THE WBC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WBC SHALL NOT BE LIABLE FOR ANY 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 THE WBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES), RESULTING FROM:

 
  • THE USE OR THE INABILITY TO USE THE SITE;
  • ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  • ANY OTHER MATTER RELATING TO THE SITE.

THE WBC SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.  NOTWITHSTANDING THE FOREGOING, THE WBC'S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100.  YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THE WBC ARISING OUT OF THE USE OF THE SITE.

Modification
Because of the dynamic nature of the Internet environment, the WBC may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.

Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and the WBC with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions.  The section headings used herein are for convenience only and shall not be given any legal import.

The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our statement related to Your Privacy Rights.  To view this statement,
click here

Severability
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law and Venue
This Agreement, the entire relationship between you and the WBC, and any litigation or other legal proceeding between you and the WBC (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its choice of law rules.  Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. 

This contract is fully performable in Boulder, Colorado.  Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Boulder County, Colorado.  You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Term / Termination
This Agreement will remain in full force and effect while you use the Site. 

The WBC may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. 

Waiver
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. 

Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e‑mail satisfy any legal requirement that such communications be in writing.  If you have other questions about how we might use your e-mail address please
click here and review Your Privacy Rights.

Contact Information
If you have a comment, question or request, or if you need to contact the WBC for any other reason, please
click here.

Effective Date: 06/2008

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