My Account  |  Order Status  |  Register  |  Need Help?  |    Viewcart  |  Sign Out Search
Wagberry Pet Products Free Shipping
EMAIL SIGNUP  |  LOOKBOOK  |  ABOUT US  |  OUR BLOG  |  CONTACT
   

TERMS OF USE

Terms of Use
These Terms of Use govern your access to and use of the Wagberry.com website (the "Website"), any information, text, graphics, photographs or other materials appearing on the website (the "content"), and any products sold through the website (the "products"). The website is owned and operated by SoHo Modern, LLC, a New York State registered company. By using the site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the site. SoHo Modern, LLC reserves the right to change these Terms at any time, effective immediately upon posting on the site.

Information That We Collect
During the checkout process, you will be prompted to provide us with personal information necessary to complete your order. This information includes your name, email address, billing address, shipping address, telephone number, product selections, credit card and payment information, and other personal information. We may use this information to process your payment, complete your order, and communicate with you about your order and future promotions. We will not share this information.

As part of the checkout process, we may also ask you to respond to survey questions, such as where you first heard about our website. These survey questions are completely optional, and we analyze the data in aggregate to assist us with marketing and improving your shopping experience.

Questions or Concerns
If you have questions or concerns about this Privacy Policy, please contact:
SoHo Modern, LLC
Attn: Wagberry
PO Box 1203
New York, NY 10013
Email: info@wagberry.com

Intellectual Property
"Wagberry" is a trademark and service mark of SoHo Modern. All custom graphics, icons, logos and service names are trademarks or service marks of SoHo Modern. The use of any SoHo Modern trademark or service mark without our express written consent is strictly prohibited.

All right, title, and interest in and to the website and content are and will remain the exclusive property of SoHo Modern and its licensors. The website and content are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may use the content of this website only for the purpose of shopping on this website or placing an order on this website and for no other purpose. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the website or content.

Unless otherwise noted, all materials on this website are the property of SoHo Modern, LLC and are protected by United States and international copyright laws. This includes the following: website design, the "look and feel", images, text, graphics, logos, button icons, photographs, video clips, audio clips, and all software.

Pricing and Description Errors
SoHo Modern attempts to provide accurate pricing and descriptive information. In the event a product is listed or billed at an incorrect price, SoHo Modern shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. All efforts are made to ensure the accuracy of the descriptions and representations of all products offered. SoHo Modern does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error free. If a product offered by SoHo Modern is not as described, your sole remedy is to return it in unused condition.

Sales Tax
Wagberry automatically charges and withholds the applicable sales tax for orders to be delivered to addresses within the State of New York. You are solely responsible for all sales taxes, use taxes, other taxes, duties, and tariffs on orders shipped to any other state or jurisdiction.

Limitation of Liability
The website and content are provided "as is," without warranty or condition of any kind, either express or implied. You agree that SoHo Modern, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the website.

SoHo Modern makes no representations or warranties, either express or implied, of any kind with respect to products sold on the website. Except as expressly stated herein, SoHo Modern expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this website, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to SoHo Modern arising from any product sold shall be the price paid for the product ordered.

To the maximum extent permitted by applicable law, neither SoHo Modern nor any of its directors, officers, employees or other party involved in creating, producing, or delivering the website, content or products will be liable for any incidental, special, consequential or punitive damages resulting from your access to or use of, or inability to access or use, the website content or products, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not SoHo Modern has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed its essential purpose.

Links
The website may contain links to third party websites or resources. You acknowledge and agree that SoHo Modern is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content or products available from such websites or resources. Links to such websites or resources do not imply any endorsement by SoHo Modern of such websites or resources or the content or products available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Promotions
From time to time, SoHo Modern may conduct promotions on or through the Website, including without limitation, contests, sweepstakes and other promotions ("Promotions"). Each Promotion may have additional terms and/or rules of participation ("Promotion Rules"), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

Termination
If you violate any of these Terms of Use, your permission to use the website and content and order products will automatically terminate. SoHo Modern reserves the right to revoke your access to and use of the website and content at any time, with or without cause. SoHo Modern also reserves the right to cease providing or to change the website, content, or products at any time and without notice.

Severability
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

Waiver
The failure of SoHo Modern to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

No License
Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SoHo Modern, LLC or by any third party.

Indemnification

As a condition of your use of Wagberry.com, you agree to defend, indemnify and hold SoHo Modern, and its respective employees, directors, officers, agents, vendors and suppliers harmless from and againts any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of Wagberry.com including without limitation any Comments submitted by you and/or your breach if any representation, warranty, or other provision of the Terms of Use.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of New York. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the State and Federal courts located in New York, New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Modifications
SoHo Modern may, in its sole discretion and without prior notice, (a) revise the Terms of Use; (b) modify the website; and (c) discontinue the website at any time. SoHo Modern shall post any revision to these Terms of Use to the website, and the revision shall be effective immediately on such posting. You agree to review the Terms of Use and other online policies posted on the website periodically to be aware of any revisions. You agree that, by continuing to use or access the website following notice of any revision, you shall abide by any such revision.

Questions or Concerns

If you have questions or concerns about these Terms of Use, please contact:

SoHo Modern, LLC
Attn: Wagberry
PO Box 1203
New York, NY 10013
email: info@wagberry.com