Terms and Conditions
Terms and Conditions
By using our website, wilkesandriley.com, you are agreeing to the following terms and conditions of use without modification or revision. We may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. You should carefully review the terms and conditions of this User Agreement each time you use our website. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our website.
The Website is owned and operated by Wilkes & Riley. All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our website ("content"), are our property or the property of our licensors. By entering our website, you do not acquire any ownership or other rights to any content or other materials contained on or accessible through our website.
ACCESSING THE SITE
You are authorized to use the Site only for personal, lawful, non-commercial purposes and in accordance with these terms. You are permitted to download or copy the content displayed on the Site for your personal use solely for the purposes of enabling you to purchase products or services offered through our site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
By accessing the Site, you agree to not use the Site in any way that is prohibited by these Terms and Conditions, including by using the Site in a way that is illegal or could give rise to civil liability or that could violate the security of Wilkes & Riley or cause injury to Wilkes & Riley or any other party. Wilkes & Riley reserves the right to take such action as it deems appropriate in cases where the Wilkes & Riley website is used to disseminate such materials. You further agree to not republish, assign, modify, distribute, display, transmit, reproduce, license, create derivative works from, sell or transfer any content or materials obtained or obtainable through our site.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our Website are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of these or any part of our Website, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website does not constitute a waiver of any such rights. Other product and company names contained on the Website may be trademarks or service marks of their respective owners. Wilkes & Riley reserves all right, title and interest in and to its copyright and trademark rights.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website, you agree that you will not use our Website for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and possess the legal authority to enter into this User Agreement and to use our Website in accordance with the terms and conditions of this User Agreement.
USE OF INFORMATION
LINKS TO OTHER WEBSITES
Our Website may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to defend, indemnify and hold Wilkes & Riley, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site. Your violation of these Terms and Conditions or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
No contract will exist between you and us for the sale of any product or service unless and until we accept your purchase by email confirming your purchase, issue you a unique confirmation code and ship any applicable products to you. No action by Wilkes & Riley prior to shipment will constitute acceptance.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including but not limited to patents, registered designs, design rights, copyright, database rights, trademarks, service marks, rights and goodwill in trade or business names, and rights in inventions, know-how and trade secrets) in the Site, and in all of the Materials. You may print off copies and download a reasonable amount of extracts, of any page(s) from the Site or any Materials, as reasonably required for your personal, non-commercial use. You shall not modify any hard paper or digital copies of any part of the Site or any Materials that you have printed off or downloaded in any way, and you shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You shall ensure that the status of us, our licensors and of any identified contributors, as the authors of the Site or any Materials, is always acknowledged. You shall not download, reproduce, duplicate, copy or distribute any part of the Site or any Materials other than as expressly permitted by these Terms without our prior written consent.
DISCLAIMER AND LIABILITY
Wilkes & Riley maintains sufficient security measures (including but not limited to anti-virus software and appropriate firewalls). We have no control over the contents of any third party sites or resources which are linked to by the Site, or the functionality or content made available by any social media websites with which the Site interacts, and we do not endorse them or any goods or services provided on any of them. You agree that you visit third party sites and use the relevant social media functionality entirely at your own risk and that we have no responsibility or liability whatsoever in contract, negligence, tort or otherwise for any such sites, resources, functionality, goods or services, or for any loss or damage arising out of or in connection with your use of, your reliance on, or the unavailability of any of them. The Site and Materials are provided to you for the sole purpose of personal, domestic or household use, and not business or commercial use. Except where you have rights against us under the Australian Consumer Law which cannot be excluded, in no event will we be liable to any person for any:
Distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material arising out of or in connection with your use of the Site, your downloading of any Materials posted on it, or the use of any functionality allowing interaction with social media websites which is provided on the Site; or
losses, including but not limited to loss of profit, loss of revenue, or loss of business opportunities or contracts, arising out of or in connection with your use of, your reliance on, or the unavailability of any of the Site's content or any Materials.
Wilkes & Riley will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to pricing, product descriptions, availability and other matters. Wilkes & Riley makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. Wilkes & Riley reserves the right to correct any errors and to update site information at any time (including after you have submitted your order) without prior written notice to you.
We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Prices displayed on www.wilkesandriley.com are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time.
COPYRIGHT AND TRADEMARKS
The entire content (images and text) of Wilkes & Riley, LLC is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of Wilkes & Riley, LLC.
When and if you use the Site, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account.
Your right to use our Website is not transferable.
Wilkes & Riley may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Wilkes & Riley’s sole discretion you fail to comply with any term or condition of this Agreement.
This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between Wilkes & Riley and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Content or any products or services provided by or through our Website, and the subject matter of this User Agreement. You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website. Our performance of this User Agreement is subject to existing laws and legal process. Nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website.
If any of these Terms should wholly or partly be determined to be illegal, invalid or otherwise unenforceable under applicable law, it (or the relevant part of it) shall be severed from the Terms. However, the remainder of the Terms shall remain in full force, and continue to be binding and enforceable. No failure to exercise, and no delay in exercising any right, power or privilege under these Terms shall operate as a waiver of it. Nor shall any single or partial exercise of any right, power or privilege preclude the enforcement of any other right, power or privilege. Nor shall the waiver of any breach be taken or held to be a waiver of the provision itself. A waiver of any right, power or privilege under these Terms is only effective if it is in writing.
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." WILKES & RILEY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. NEITHER LOFT NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF LOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF WILKESANDRILEY.COM AND THE CONTENT THEREOF IS AT YOUR SOLE RISK
If you have any questions regarding these Terms, please contact us using the following contact details:
By Email: Customercare@wilkesandriley.com
By Phone: 1 (800) 593-5221
P.O. Box 723
Forest Hill, MD 21050
P.O. Box 723
Forest Hill, MD 21050