Terms of Use | Wanderset
Search

It’s almost too late! order now to make sure you recieve your gifts by christmas!

for 20% off + free shipping Use code: snow

wanderset terms of use

Thank you for visiting Wanderset.com. Wanderset, LLC owns and operates Wanderset.com, as well as any of its mobile and tablet applications (together, these may be referred to here as “Wanderset”, “we”, “us”, “our”, “the site” or “our site”).

By using Wanderset.com, you agree to these terms of use (“terms” or “terms of use”). Please review them carefully as they govern your use of our site. We may modify these terms from time to time and will post changes on this page. Your continued use of the site after any such modifications constitutes your continued acceptance and consent of the updated terms. If you do not agree to these terms of use or any modifications thereof, please stop using the site.

RIGHT TO VARY TERMS

We reserve the right to make changes to the site, our policies and these terms at any time.

PRIVACY

Please review our Privacy Policy here

INTELLECTUAL PROPERTY

All content included or made available on the site (including graphics, logos, designs, text, button icons, images, video clips, audio clips, page headers, digital downloads, software, scripts, HTML code, the “look and feel” of the site), as well as any intellectual property rights therein, is the property of Wanderset, its partner brands or content providers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws.

In addition, graphics, logos, button icons, page headers, scripts and service names included or made available through any Wanderset service are trademarks or trade dress of Wanderset in the U.S. and may not be used, altered, modified or copied in any manner without our express, prior written permission. All other trademarks not owned by Wanderset that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Wanderset or our affiliates.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act ("DMCA") is a U.S. Copyright Law that provides recourse for copyright owners who believe that material appearing online infringes their rights under U.S. copyright law. If you believe that your or another’s work has been copied in a way that constitutes copyright infringement, you may, under 17 U.S.C. § 512 of the DCMA, send written notice to our copyright agent at the address below. To be effective, the notice must include substantially the following information:

  • (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • (b) Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works, then a representative list of works.  Where possible, please include a copy of the location (i.e. URL) of an allegedly infringed work.
  • (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (i.e. URL).
  • (d) Information reasonably sufficient to enable us to contact the complaining party (you or your agent), such as your name, address, telephone number, and, if available, an email address.
  • (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized y the copyright owner, its agent or the law.
  • (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
Wanderset, LLC Attn:
General Counsel
Gordon Law Group, LLP 5
85 Boylston Street
Boston, MA 02116

By email: generalcounsel@wanderset.com

Please include “Notice of Infringement” in the subject line of your correspondence.

USER CONDUCT AND NON-COMMERCIAL USE OF CONTENT

The site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, publish, license, create derivative works from, commercially exploit or otherwise use the content described above in connection to any product or service that is not Wanderset’s in any manner that is likely to cause confusion among our customers, or in a manner that disparages or discredits Wanderset or our partners. You may not use the site or any of its content to further any commercial purpose including any advertising revenue generation activity on your own site without prior express written permission from Wanderset.

SECURITY

Violations of our system or network security may result in civil or criminal liability. We will investigate any violations and may choose to involve law enforcement authorities in prosecuting any user or users who are involved in any such violations. Without limitation, the following are prohibited:

  • (a) Accessing data not intended for you or non-authorized logging on to a Wanderset server or account.
  • (b) Probing, testing or attempting to probe or test, the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • (c) Attempting to interfere or interfering with the site’s operation, our provision of services to our other visitors, or our hosting provider or network, including, without limitation, via submitting a virus, overloading, flooding, email bombing or crashing the site.
  • (d) Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our site.

LIMITATION OF LIAIBILITY and DISCLAIMER

You assume all responsibility and risk with respect to your use of the site, which is provided “AS IS.” To the fullest extent allowed by applicable laws, neither Wanderset, its parent, subsidiaries, affiliates and its and their shareholders, officers, directors, employees, representatives, successors or assigns (“Wanderset parties”) shall be liable for any damages whatsoever arising out of or related to the use of the site, email sent in connection with the site or any other website linked to the site.

All products and services purchased on or through the site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent allowed by applicable laws, the Wanderset parties expressly disclaim all warranties, conditions, representations or endorsements of any kind, express or implied, including, but not limited to, any warranties with respect to the products or services listed or purchased on or through the site or concerning the availability, accuracy, completeness, usefulness or content of information, and any warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the generality of the foregoing, the Wanderset parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions. The Wanderset parties do not warrant that the site, its function, or the products, services, content, information or other material obtained by you will be timely, secure, uninterrupted or error free, that the site will meet your expectations or needs, or that any errors on the site will be corrected. Notwithstanding the foregoing, we reserve the right to make corrections and changes to the site at any time without notice.

We may feature links to other, third-party websites that are not operated by us. As we do not control any such third-party sites, we make no representations or warranties of any kind with regard to the accuracy, availability, suitability, and safety of information provided, or activities undertaken, thereon. A link between our site and another does not mean that we endorse that site. You need to make your own independent decisions regarding your interactions or communications with any other website.

The Wanderset parties shall not, under any circumstances, be liable for any damages of any kind arising out of, in connection with or relating to the use of, or inability to use, the site, including, but not limited to, any liability as a publisher of information, a reseller of any products or services, for any incorrect or inaccurate information, any unauthorized access to or disclosure of user’s transmissions or data, for statements or conduct of any third party on the site; or any other matter relating to the site or any third party site. This limitation of liability applies to damages of any kind, including direct, indirect, special, incidental or consequential, punitive or other damages, as well as damages for lost profits, business interruption or the loss of data or information, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we are notified in advance of the potential for any such damages.

Notwithstanding the foregoing, the sole and entire maximum liability of Wanderset or the Wanderset parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product purchased by you from the site.

Some jurisdictions limit or do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, so some of the above disclaimers or limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Wanderset parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting, or arising from or in any way related to your use of and conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your breach of these terms of use, your infringement or violation of any rights of another, including, but not limited to any third-party claim that any information or materials you provide infringes any third-partu proprietary right, or termination of your access to the website.

TERMINATION

By using the site you agree that we may terminate or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these terms of use or any applicable law or is harmful to the interests of another user or the Wanderset parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" "User Conduct and Non-Commercial Use of Content" and “Security” sections of these terms.

Wanderset reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. Except as otherwise expressly stated in these terms, you agree that Wanderset parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the site.

APPLICABLE LAW AND JURISDICTION

These terms of use are governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

ARBITRATION

Except as otherwise set forth in this section, to the fullest extent permitted by applicable law, any controversy or claim arising out of or relating to these terms of use or purchases from or use of the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. No such controversy or claim may be conducted on behalf of a class. The arbitration shall be conducted in Massachusetts.

You acknowledge that there is no judge or jury in an arbitration and that court review of an arbitration is limited. Except as otherwise set forth in this section, to the fullest extent permitted by applicable law, each of you and Wanderset and its parent, subsidiaries, affiliates and its and their shareholders, officers, directors, employees and representatives hereby waive, knowingly and voluntarily, any right you may have to sue in court, including, without limitation, the right to a jury trial or to bring or participate in claims as a plaintiff or member of a class in any purported multi-claimant, representative or class proceeding.

Notwithstanding the above arbitration requirement, Wanderset and its parent, subsidiaries, affiliates and its and their shareholders, officers, directors, employees and representatives may bring suit in court for any claim brought or to enjoin infringement or other misuse of intellectual property rights.

For any matters which are not subject to arbitration as set forth in these terms of use and/or in connection with the entering of any judgement on an arbitration award in connection with these terms of use, you hereby expressly consent to exclusive jurisdiction and venue in the federal and state courts located in Suffolk County, Massachusetts.

SEVERABILITY AND WAIVER

If any provision of these terms is deemed invalid, void or unenforceable for any reason by a court of competent jurisdiction, that provision will be severed from the rest of the provisions and the validity and enforceability of any remaining provisions will not be affected. Any failure of Wanderset to insist upon strict adherence to any of these terms shall not constitute a waiver of such term and shall not be considered a waiver, or limit our rights thereafter to insist upon strict adherence thereto or to any other terms hereof.

Should you have any questions about these policies, please contact us at support@wanderset.com.