Wrenns Mill Terms and Conditions

Thanks for choosing to browse and shop with Wrenns Mill. Please read
these Terms and Conditions, which contain important information about
your relationship with Wrenns Mill , including mandatory arbitration of
disputes between us, instead of class actions or jury trials. You will become
bound by these provisions once you accept these Terms and Conditions.
The Wrenns Mill Web site located at www.wrennsmill.com is a copyrighted
work belonging to Wrenns Mill Enterprises, llc . Wrenns Mill provides an
online store offering funeral products
By clicking “sign in” and entering or otherwise using our Web site or mobile
applications (the “Web site”), you agree to and accept these Terms and
Conditions. You also agree to and accept our Notice of Privacy Practices ,
which describes how we use the information you provide Wrenns Mill and
is incorporated into these terms and conditions by reference. Please read
the Terms and Conditions and our Notice of Privacy Practices carefully as
you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF
PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT
(“AGREEMENT”) WITH WRENNS MILL THIS AGREEMENT SETS FORTH
THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE,
ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR
PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON
THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU
REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT,
AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND
TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH
HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A
WRENNS MILL MEMBER, OR ACCEPT THIS AGREEMENT UNLESS
YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL
PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/
OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE
PRODUCTS OR SERVICES THROUGH THE WEB SITE.
WRENNS MILL RESERVES THE RIGHT, AT ANY TIME, TO MODIFY,
SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE
FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT WRENNS
MILL WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR
ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE
WEB SITE.
Accounts
Terms of Sale
Web Site
User Content
Acceptable Use Policy
Third Party Sites and Other Users
Arbitration Program
Term and Termination
Intellectual Property
Offers, Promotions, and Customer Credits
General
1 Accounts
1.1 Account Creation. In order to use certain features of the Web site (e.g.,
purchasing products and services (referred to collectively as “Products”
herein) from the Web site), you must register for an account with Wrenns
Mill (“Wrenns Mill Account”) and provide certain information about yourself
as prompted by the Web site registration form. You represent and warrant
that: (a) all required registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; and (c)
your use of the Web site does not violate any applicable law or regulation
or the terms of this Agreement. You may de-activate your Wrenns Mill
Account at any time, for any reason, by unchecking the e-mail preference
box on the “My Account” section of the Web site. Wrenns Mill may suspend
or terminate your Wrenns Mill Account in accordance with Section 11.
1.2 Account Responsibilities. You are responsible for maintaining the
confidentiality of your Wrenns Mill Account login information. You are fully
responsible for all activities that are associated with your Wrenns Mill
Account (including but not limited to any purchases, use of the Web site, or
correspondence from your account to Wrenns Mill). You agree to
immediately notify Wrenns Mill of any unauthorized use or suspected
unauthorized use of your Wrenns Mill Account or any other breach of
security. When you provide Wrenns Mill with such notice, Wrenns Mill will
suspend or otherwise secure your Account to prevent future unauthorized
activity.
2 Terms of Sale
2.1 Products and Pricing. All Products or services listed on the Web site are
subject to change, as is Product information, pricing, and availability. In the
event a Product is listed at an incorrect price or with incorrect information,
we shall have the right, prior to the acceptance of your order (as described
in Section 2.3 below), to decline or cancel any such orders, whether or not
the order has been confirmed and/or your credit card or PayPal account
charged. If your credit card or PayPal has already been charged for the
order and we cancel your order, we will issue a credit to your credit card
account or PayPal account in the amount of the charge.
Unless otherwise noted, the strike-through price displayed for products on
our Web site is based on the suggested retail price for the product provided
to Wrenns Mill by our vendor. The strike-through price is not a price at
which Wrenns Mill previously sold the product. Because we sell our
products over the Internet nationwide and internationally, the strike-through
price may or may not represent the prevailing price at any particular time or
in every location, and we make no promises about the reliability or
accuracy of any such information. Nothing can replace your own
comparison shopping, and notwithstanding the strike-through price
information provided, if this is an important factor for you in your purchasing
decision, we recommend you conduct your own individual research as well.
Some of our vendors provide merchandise to Wrenns Mill that is not widely
sold elsewhere or that is exclusive to Wrenns Mill For items in this category
that are similar – but not identical – to products sold through other retailers,
we use the phrase “compare at” next to the strike-through to indicate your
savings. This “compare at” price represents the vendor’s estimated original
retail value of a comparable item of the same quality, construction and
material offered elsewhere. While pricing is not an exact science, our
buying team has years of retail experience and partners with our vendors to
determine whether an item is comparable based on the type and quality of
the material, and the construction of the item. Ultimately, our “compare at”
price is an estimate of the original retail price of comparable items. We
always strive to provide you with the best prices on the items we sell, but
we encourage you to do your own comparison shopping as well.
For international sales of products from the U.S. to a foreign jurisdiction, all
prices are U.S. prices and may have an adjustment for additional
international surcharges that cover items such as taxes, duties, and
shipping.
Nothing can replace your own comparison shopping, and notwithstanding
the strike-through price information provided, if this is an important factor
for you in your purchasing decision, we recommend you conduct your own
individual research as well.
2.2 Payment Terms. For each Product you order on the Web site, you
agree to pay the price applicable for the Product as of the time you
submitted your order (“Product Price”), the delivery fees for the delivery
service you select (“Delivery Fees”), and any applicable Taxes (defined
below). Wrenns Mill will automatically bill your credit card or PayPal
account submitted as part of the order process for such amounts within five
days of the order date, and you hereby authorize us to do so. You will be
solely responsible for payment of all taxes (other than taxes directly
imposed on Wrenns Mill business activity in a state, such as income taxes),
fees, duties, and other governmental charges, and any related penalties
and interest, arising from the Product purchase (“Taxes”) not withheld by
Wrenns Mill. All payments are non-refundable (except as expressly set
forth in Section 2.1 and 2.3).
2.3 Orders. Your receipt of an order confirmation from us does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. We reserve the right at any time after receipt of your order to accept
or decline or cancel your order (in whole or in part) for any reason. We may
require additional verifications or information before accepting any order.
Your order is accepted when your order is placed. Notwithstanding the
foregoing, you agree that, if we cancel all or a part of your order, your sole
and exclusive remedy is that we (a) issue a credit to your credit card or
PayPal account in the amount charged for the cancelled portion (if your
credit card has already been charged for the order) or (b) not charge your
credit card or PayPal account for the cancelled portion of the order.
2.4 PayPal Purchases. Orders placed using a PayPal account as payment
method will be processed upon submission, and funds may be transferred
from your PayPal account immediately. This does not signify our
acceptance of your order, nor does it constitute confirmation of our offer to
sell. We reserve the right to decline or cancel your order as defined in
Sections 2.1 and 2.3. This Section does not alter or amend any other
Sections of this Agreement.
2.5 Shipping Policy Any delivery dates provided by Wrenns Mill are
estimates. Wrenns Mill reserves the right to make deliveries in installments.
Wrenns Mill will send you an email when your order has shipped and you
may review your order and shipping & handling information on your Wrenns
Mill My Account page. We ship within the US (including Alaska, Hawaii and
APO/FPO/DPO addresses), and to Canada, Australia, the European Union
and many other countries throughout the world. Legal title to, right of
possession, and risk of loss or damage to or destruction of the products
purchased shall transfer to customer upon Wrenns Mill delivery to carrier at
shipping point.
2.6 Return Policy
(a) Return Policy. Wrenns Mill will only accept returns on products that are
identified on the Product information page as eligible for return or as
provided in Section 2.6(c). Once Wrenns Mill confirms that your Product
was returned in accordance with Section 2.6, your sole and exclusive
remedy is a credit in the amount charged for the applicable Product;
provided that the credited amount will not include the applicable
Delivery Fee, which is nonrefundable. Additionally, any applicable return
shipping and handling fees will be deducted from the credited amount.
(b)
(b) Exchanges. We accept any exchanges on defective or Damaged
products only.
(c) Damaged Products. If the Product arrives damaged (“Damaged
Product”), Wrenns Mill will accept returns for a full refund only in
accordance with the Return Procedures below. You must contact Wrenns
Mill within 30 Days of invoice.Once Wrenns Mill confirms that you received
a Damaged Product that was returned in accordance with the Return
Procedures below, your sole and exclusive remedy is that (a) we will issue
a refund to your credit card or PayPal account in the amount charged for
the Damaged Product (if your credit card or PayPal account has already
been charged for the Product) or (b) we will not charge your credit card or
PayPal account for the Damaged Product. The refunded amount will
include the applicable Delivery Fee.
(d) Return Procedures. All returns of eligible product must be initiated within
30 days after the Product delivery date, and an applicable fee for return
shipping and handling fees will be deducted from your refund. Any shipping
and handling fees associated with returns include labor and material costs,
packaging and restocking fees, and may exceed the actual cost paid by
Wrenns Mill to its carrier to send the item(s) back to Wrenns Mill All
returned Products must be unused (e.g., not worn, washed, damaged, or
altered), in the original packaging with original tags attached and returned
in accordance with any other instructions received from contacting
customer service.. Once you initiate a return, a Wrenns Mill shipping label
will be issued to you to return your item(s). You must use this label to return
the item. Unauthorized returns will not be refunded or credited to your
account, and we may handle or dispose of those products as we see fit in
our sole discretion.
3 Web site
3.1 License. Subject to the terms of this Agreement, Wrenns Mill grants you
a limited, non-transferable, non-exclusive, license to access and make
personal use of the shopping services and features provided on the Web
site. This license does not include any resale or commercial use of the Web
site features or content, or the right to access or use the Web site for any of
the restricted purposes set forth in Section 3.2. Wrenns Mill may terminate
this license at any time for any reason.
3.2 Certain Restrictions. The rights granted to you in this Agreement are
subject to the following restrictions: (a) you shall not license, sublicense,
reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Web site or its content without the express written
consent of Wrenns Mill; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Web site;
(c) you shall not access the Web site in order to build a similar or
competitive service, or to download, copy or collect content or account
information for the benefit of another merchant; (d) except as expressly
stated herein, no part of the Web site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means without Wrenns Mill express written consent;
and (e) you shall not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information or content (including
images and text descriptions) of the Web site without zulily’s express
written consent. Any future release, update, or other addition to functionality
of the Web site shall be subject to the terms of this Agreement.
3.3 Modification. Wrenns Mill reserves the right, at any time, to modify,
suspend, or discontinue the Web site or any part thereof with or without
notice.
3.4 Ownership. You acknowledge that all intellectual property rights in the
Web site, including our rights to copyrighted material, patents, trademarks,
service marks, and trade secrets (“Intellectual Property”) (excluding any
User Content) are owned by Wrenns Mill and its licensors, and neither the
limited license granted in Section 3.1, nor our provision of the Web site
under this Agreement shall transfer to you or any third party any rights, title
or interest in or to such Intellectual Property. Wrenns Mill reserves all rights
not granted in this Agreement.
4 User Content
4.1 User Content. “User Content” of a Web site user means any and all
information and content that such user submits to Wrenns Mill by any
means, including through social media (e.g., Facebook, Twitter), or uses
with the Web site (e.g., a user profile or a feedback submission). You are
solely responsible for your User Content. You assume all risks associated
with use of your User Content, including any reliance on its accuracy,
completeness or usefulness by others, or any disclosure of your User
Content that makes you or any third party personally identifiable. You
hereby affirm, represent, and warrant that (i) you own, or have the
necessary licenses, rights, and/or consents to use your User Content with
the Web site as described herein and (ii) your User Content does not
violate the Acceptable Use Policy (defined below). You may not state or
imply that your User Content is in any way provided, sponsored or
endorsed by Wrenns Mill Because you alone are responsible for your User
Content (and not Wrenns Mill), you may expose yourself to liability if, for
example, your User Content violates the Acceptable Use Policy. Wrenns
Mill is not obligated to backup any User Content, makes no representation
that it will do so, and you agree that Wrenns Mill may delete User Content
at any time.
4.2 License. By submitting your User Content or using it with the Web site ,
you automatically grant, and you represent and warrant that you have the
right to grant, to Wrenns Mill an irrevocable, nonexclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly display and
perform, prepare derivative works of, incorporate into other works, and
otherwise use your User Content, and to grant sublicenses of the
foregoing, solely for the purposes of including your User Content in the
Web site, Wrenns Mill social media platforms or marketing initiatives. You
agree to irrevocably waive (and cause to be waived) any claims and
assertions of publicity or moral rights, or attribution with respect to your
User Content.
4.3 Feedback. Wrenns Mill will treat any feedback, communications, or
suggestions you provide to Wrenns Mill as non-confidential and nonproprietary.
Thus, in the absence of a written agreement with Wrenns Mill to
the contrary, you agree that you will not submit to Wrenns Mill any
information or ideas that you consider to be confidential or proprietary.
5 Acceptable Use Policy
The following sets forth Wrenns Mill “Acceptable Use Policy”:
5.1 You agree not to use the Web site to collect, upload, transmit, display,
or distribute any User Content (a) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary right;
(b) that is unlawful, harassing, abusive, tortious, threatening, harmful,
abusive, invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive (e.g., material that promotes racism, bigotry, hatred, or physical
harm of any kind against any group or individual) or otherwise
objectionable material of any kind or nature or which is harmful to minors in
any way; or (c) in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site or use it
to: (a) upload, transmit, or distribute any computer viruses, worms, or any
software intended to damage or alter a computer system or data; (b) send
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (c) harvest,
collect, gather or assemble information or data regarding other users,
including e-mail addresses, without their consent; (d) interfere with or
disrupt servers or networks connected to the Web site or violate the
regulations, policies or procedures of such networks; (e) attempt to gain
unauthorized access to the Web site, other computer systems or networks
connected to or used together with the Web site, through password mining
or other means; or (f) harass or interfere with another user’s use and
enjoyment of the Web site.
5.3 We reserve the right (but have no obligation under this Agreement) to
review any User Content, investigate, and/or take appropriate action
against you, in our sole discretion, if you violate the Acceptable Use Policy
or any other provision of this Agreement, including removing or modifying
your User Content, terminating your Wrenns Mill Account in accordance
with Section 11, and/or reporting you to law enforcement authorities. We
may also remove or modify your User Content if it, in our sole judgment,
violates the rights of, harms, or threatens the safety of any other person, or
creates liability for us or any other person. In order to cooperate with
legitimate governmental requests, subpoenas or court orders, or to protect
our business and members, we may access and disclose any information
we consider necessary or appropriate, including your Wrenns Mill Account
username and password, IP address and traffic information, usage history,
and your User Content.
6 Third Party Sites and Other Users
6.1 Third Party Sites. The Web site may contain links to, or advertisements
for, third party web sites (collectively, “Third Party Sites”) (for example,
social media sites such as Facebook, Twitter, or Pinterest). Such Third
Party Sites are not under the control of Wrenns Mill and Wrenns Mill is not
responsible for any Third Party Sites. Wrenns Mill provides links to these
Third Party Sites only as a convenience and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third Party Sites. You agree that you use all Third Party Sites at your own
risk. When you link to a Third Party Site, the applicable service provider’s
terms and policies, including privacy and data gathering practices govern.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any transaction with any Third Party Site.
6.2 Other Users. Each Web site user is solely responsible for any and all of
its User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content
and we make no guarantees regarding the accuracy, currency, suitability, or
quality of any User Content, and we assume no responsibility for any User
Content. Your interactions with other Web site users are solely between
you and such user. You agree that zulily will not be responsible for any loss
or damage incurred as the result of any such interactions. If there is a
dispute between you and any Web site user, we are under no obligation to
become involved.
Parties other than Wrenns Mill provide services, or sell product lines
through the Web site. We may provide links to the site of these unaffiliated
companies and certain other businesses. We have no control over and
cannot warrant the offerings of, any of these businesses or individuals or
the content of their websites. Wrenns Mill does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: “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.”
7 Arbitration Program
You agree that any dispute or claim relating in any way to your Wrenns Mill
purchase, use of any Product, or use of the Web site will be resolved by
binding arbitration rather than in court, except that you may assert claims in
small claims court if your claims qualify. You understand and agree that you
are waiving your right to sue or go to court to assert or defend your rights
under this contract. You agree that the Federal Arbitration Act and federal
arbitration law apply to this agreement.
For all disputes whether pursued in small claims court or arbitration, you
must first give us an opportunity to resolve your claim by sending a written
description of your claim to Wrenns Mill llc, We each agree to negotiate
your claim in good faith. If we are unable to resolve the claim within 60
days after we receive this claim description, you may pursue your claim in
arbitration. We each agree that if you fail to timely pay amounts due, we
may assign your account for collection, and the collection agency may
pursue, in small claims court, claims limited strictly to the collection of the
past due amounts and any interest or cost of collection permitted by law or
the Agreement.
Either you or we may start arbitration proceedings. You must send a letter
requesting arbitration and describing your claim to our registered agent, to
begin arbitration.
The dispute will be arbitrated by a neutral arbitrator mutually agreeable to
both of us.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS,
WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY
ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR
REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator
determines in an action between you and us that this Class Action Waiver
is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through
arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
8 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect
while you use the Web site. We may (a) suspend your rights to use the
Web site (as well as your Wrenns Mill Account) or (b) terminate this
Agreement, at any time for any reason at our sole discretion, including for
any use of the Web site in violation of this Agreement or if we believe you
are younger than 18. Upon termination of this Agreement, your Wrenns Mill
Account and right to access and use the Web site will terminate
immediately. You understand that any termination of your Wrenns Mill
Account may involve deletion of any User Content you may have posted.
Wrenns Mill will not have any liability whatsoever to you for any termination
of this Agreement, including for termination of your Wrenns Mill Account or
deletion of your User Content. Even after this Agreement is terminated, the
following provisions of this Agreement will remain in effect: Sections 2.6,
3.2-3.4, 4, 5 and 7-10.
9 Intellectual Property
Wrenns Mill respects the intellectual property of others and asks that users
of our Web site do the same. Except as authorized in Section 3.1 of this
Agreement, you are not permitted access or use of any of Wrenns Mill
Intellectual Property without our prior written consent or the consent of such
third party that may own intellectual property with respect to Products
displayed on the web site. In connection with our Web site, Products, and
any services we offer, we have adopted and reasonably implemented a
policy respecting copyright law that provides for the removal of any
infringing materials and for the termination, in appropriate circumstances, of
users of our Web site who are repeat infringers of intellectual property
rights, including copyrights. If you believe that your work has been copied
in a way that constitutes copyright infringement and wish to have the
allegedly infringing material removed from our Web site, the following
information in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been
infringed;
3. identification of the material on our services that you claim is infringing
and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its agent, or
under the law; and
7. a statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact (falsities) in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorneys’ fees
incurred by us in connection with the written notification and allegation of
copyright infringement.
S10 Offers, Promotions, and Customer Credits
Wrenns Mill may from time to time and in its sole discretion make available
special offers and promotions to its members, including offers and
promotions that provide an opportunity for members to receive store
credits, coupons, prizes, or benefits, (for example, referral credits issued to
customers for referring others to Wrenns Mill. Any such offers and
promotions will expire on the dates specified in the offer or promotion.
Credits, coupons, prizes, or benefits shall specify the terms that apply to
their use and redemption and those terms shall apply. Credits, coupons,
prizes, and benefits may not be combined with any other offers or
promotions. We reserve the right at any time with our discretion, and
without prior notice, to discontinue any offer or promotion or to add or
change offer and promotion terms or conditions, including changing
expiration periods or credit values for existing or future credits. Referral
credits cannot accrue until or unless the referred customer completes a
purchase on the Web site and all other conditions of the relevant promotion
have been met.
Credits are only for use on Products available for purchase on the Web Site
and may not be used for the purchase of gift cards or services. Credits are
promotional in nature without any exchange of money or value from you.
Credits are not transferable to other accounts and as such, credits do not
constitute property and you do not have a vested property right or interest
in the credits.
Wrenns Mill reserves the right to suspend or terminate the account of any
user it believes is engaged in fraudulent, illegal, or inappropriate conduct in
relation to any offers or promotions, including without limitation, using
multiple user accounts or email addresses to meet promotion or offer
requirements, using false names, impersonating others, or engaging in any
other fraudulent or misleading conduct . You agree to forfeit any credits,
coupons, prizes, or benefits as a result of any fraudulent, illegal, or
inappropriate conduct. Wrenns Mill reserves the right to void any such
credits, coupons, prizes or benefits granted if it suspects that these were
derived in a fraudulent manner, a manner that violates this Agreement or
the terms of the offer or promotion, or in a manner otherwise not intended
by zulily. In addition, any fraudulent, illegal, or inappropriate conduct in
relation to any offers or promotions, may subject you to liability for civil and/
or criminal penalties under applicable law. If zulily terminates your account,
for any reason, any credit balances in your account will be cancelled,
except as prohibited by law. Account balances are determined by zulily and
such determination is final.
11 General
11.1 Changes to Terms of Service. This Agreement is subject to occasional
revision, and if we make any material changes we will post notice of the
changes on our Web site. These changes will be effective immediately.
Continued use of our Web site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be
bound by the any revision of these Terms and Conditions.
11.2 Governing Law. This Agreement shall be governed by the Federal
Arbitration Act, applicable federal law, and the laws of the state in which
you reside, without regard to the conflicts of laws rules of that state or any
other state.
11.3 Entire Agreement. This Agreement constitutes the entire agreement
between you and us regarding the use of the Web site and the purchase of
any Products on our Web site. Our failure to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. The word “including” means including
without limitation. If any provision of this Agreement is deemed to be illegal
or unenforceable, the remainder of this Agreement shall be unaffected and
shall continue to be fully valid, binding, and enforceable .This Agreement,
and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Wrenns
Mill prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. The
terms of this Agreement shall be binding upon assignees.
Revised September 1, 2017