Terms of Use

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Wendover actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback

The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us, and you hereby assign all of your rights, including all worldwide rights, title and interests in your Feedback to us, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to Wendover, it will be true, accurate, current, and complete and that you will promptly update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or extracting any data or Content from the Site via an automated process, such as a bot or web crawler. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

Products and Services

Prices for our Products and Services are subject to change without notice.  We reserve the right at any time to modify or discontinue a Product or Service (or any part or content thereof) without notice at any time, and we shall not be liable to you or to any third-party for any such modification, price change, suspension or discontinuance of a Product or Service. Certain Products or Services may be available exclusively online through the Site, and certain Products or Services may have limited quantities.

You understand and agree that it is possible that the colors and images of our Products that appear on our Site may not be accurate or differ in-person. We also reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We also reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products and Services and applicable details and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on the Site is void where prohibited. 

How to Order Through the Site

In order to place an order for a Product or Service, you may need to log into your account. After you place an order and submit payment, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the acceptance of your order. A contract with us will only be formed when we send you the confirmation of your order (the “Order Confirmation”). The contract will relate only to those Products or Services whose order we have confirmed in the Order Confirmation

We reserve the right to cancel your order at any time, without penalty, before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the Product or Service is no longer possible. In addition, you may be able to place a Product or Service in your shopping cart and submit your order for processing, but your order could be subsequently cancelled due to unavailability of Product or Service.

Shipping

We endeavor to ship out individual Products together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. All orders for Products required a lead time of at least 2-5 weeks.

Risk of Loss

All Products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

Damages and Defects

All Products purchased from the Site are subject to our Damage & Defect Policy, which is expressly incorporated herein. We reserve the right to update this policy from time to time without notice to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE PRODUCTS OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR THE PRODUCTS AND SERVICES AND YOUR DATA, BY ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Wendover shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, Products and/or Services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.                                    

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Wendover of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be brought exclusively in state court in the City of St. Petersburg and County of Pinellas, Florida or federal court in the City of Tampa and County of Hillsborough, Florida.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold Wendover, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees (the “Wendover Parties”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use or applicable laws, rules or regulations, any breach of your representations and warranties set forth above, your use of the Products and Services, and/or if any material that you post using this Site, including User-Generated Content causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Third-party Beneficiaries

Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the Wendover Parties), the parties agree that there
are no third-party beneficiaries of these Terms of Service.

These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above.  Wendover reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site.  Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire Agreement 

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Wendover with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Wendover with respect to this Site and your use of this Site.

Questions

If you have any questions about this Site or these Terms of Use, please contact us using the following information: