Terms of Use
Thank you for visiting our site. We strive to share valuable information with our customers. In order for us to be in the business of doing so, we need to make sure our customers understand the terms on which we operate our site and business.
Please read these terms of service carefully. By using our website, alumniplateframes.com, you agree to the Terms of Service provided below.
Acceptance
The terms and conditions stated below (collectively, the "Agreement") constitute a legal agreement between you and Wonderpus Industries, LLC, a Washington limited liability company (the “Company,” “We,” “Our,” or “Us”). In order to use Our website and any of the services that We provide on Our website (collectively, the “Website”) you must agree to the terms and conditions that are provided below. By using the Website you agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at alumniplateframes.com. If you do not agree to the terms below, do not use the Website. If you have any questions or concerns about this Agreement please feel free to contact Us at customerservice@wonderpusindustries.com.
Amendments
We reserve the right to modify this Agreement. Any modifications will be effective upon posting an updated version of this Agreement at alumniplateframes.com. You are responsible for regularly reviewing this Agreement, and your continued use of the Website or any software that We provide after any changes have been made will constitute your consent to such changes. You can reject any new, revised, or additional terms by discontinuing use of the Website and any software that We provide.
Restrictions on Use
Personal Use Only
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Website.
Interference with Intellectual Property or Advertising
You may not remove, alter, interfere with, or circumvent any (a) copyright, trademark, or other proprietary notices on the Website, or (b) any advertisement on the Website.
Copying
You may not reproduce, distribute, or modify any content provided by the Website without Our express consent.
Mining
You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from the Website.
Denial of Service Attacks
You may not take any action that may impose an unreasonable burden or load on the Website or its servers and infrastructures.
Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
Interfering or attempting to interfere with Our services to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing the Website;
Using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by Us to
provide and maintain the Website.
Any violation of system or network security may subject you to civil liability, criminal liability, or both.
Ownership of Intellectual Property
We retain all right, title, and interest in and to the Website, including without limitation all software We used to provide the Website and all intellectual property, including, without limitation, all ideas, logos, copyrights, trademarks, product designs, or other information provided by you or any other party relating to or sold on the Website. This Agreement does not grant you any intellectual property rights in or to the Website, or any of the components of the Website, or any of the products listed on the website, including any software used in the Website.
Access to Site
Our Website is only for use by users who are over the age of 13 and reside in the United States, its territories and possessions (the “U.S.”) or users that are outside the U.S. that consent to use the Website according to U.S. laws, these terms, and the Privacy Policy. By using the Website, you acknowledge that you meet these eligibility and residency requirements.
Copyrights and Digital Millennium Copyright Act
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringes your rights under U.S. copyright law, you may send Us a notice requesting that the material be removed.
ATTN: DMCA Copyright Claims Department
Wonderpus Industries, LLC
12819 SE 38th St #232
Bellevue, WA 98006
Privacy Policy
We value the importance of your privacy. To better protect your privacy, We provide you with a notice that explains Our policies for collecting and using the information that We collect from you (the “Privacy Policy”). Click here to review Our Privacy Policy, which is incorporated in these terms by reference.
Indemnification
You agree to fully indemnify Us, Our employees, directors, officers, and affiliates, from any claims or damages resulting from your breach of this Agreement, your violation of any rights of any third party service providers you were introduced to by Us, or your use or misuse of the Website, including, without limitation, attorneys’ fees and costs incurred by Us.
Each Party’s Representations and Warranties
Your Identity
You warrant: (a) that you have accurately identified yourself through your account and will maintain the accuracy of such identification; and (b) that you are 18 years or older, or that you are acting on behalf of a corporation or other business entity that is authorized to do business under applicable law.
Disclaimers
Except for the express representations and warranties specified in this section, the Website is provided “as is” and as available, and the Company disclaims all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) the Company has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although We make Our best efforts to keep the site up and running, the Company does not warrant that the Website will perform without error or immaterial interruption; (c) although We make Our best efforts to keep the Website free of any viruses or other harmful components, the Company cannot make any guarantees, thus the Company does not warrant that the Website will be free of viruses or other harmful components.
Limitation of Liability
In no event will the Company be liable for any consequential, indirect, special, incidental, or punitive damages. Further, the Company is not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on the Website or is referred by the Website, or any misuse of the products sold via the Website
If applicable law limits the application of any part of this section, Our liability will be limited to the maximum extent permissible.
Arbitration
Streamlined JAMS Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity this Agreement, including the determination of the scope or applicability of this agreement to arbitrate will be determined by arbitration in Seattle, Washington, USA. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, except where those rules and procedures conflict with the parameters of the dispute resolution provisions of this Agreement. Judgment on the award may be entered in any court having jurisdiction. This court will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Selection of Arbitrator
The dispute will be heard by one arbitrator. If possible, the parties will agree to a JAMS arbitrator. If the parties cannot agree on an arbitrator, the case manager at Seattle’s JAMS office will select and appoint an arbitrator for the parties.
Hearing and Disclosure Dates
The arbitration hearing will be held no later than 60 days from the date of the Demand for Arbitration. The parties are required to fully disclose and produce all documents and other evidence to be used in their case in chief 30 days before the hearing. Failure to disclose and produce documents during this time frame will render them inadmissible.
Confidential Proceedings
The parties will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Non-Appealable Determination
The arbitrator will reach his or her decision within 24 hours from the conclusion of the hearing, and the arbitrator’s decision will be final, binding, and non-appealable.
Exchange of Written Settlement Offers
At least 30 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their first written settlement offers. At least 14 days in advance of the hearing, for each claim each party to the claim will submit to each other and to the arbitrator their second written settlement offers. If at any point only one party timely submits their offer, that party will be awarded the submitted offer.
Baseball Style Arbitration
At least seven days in advance of the hearing, for each claim each party to the claim will submit to the arbitrator their last, best offers. If only one party timely submits their offer, that party will be awarded the submitted offer. Once the arbitrator has an offer from each party to the claim, the arbitrator will distribute the offers to the parties. The arbitrator will be limited to awarding only one of the offers submitted. This method of arbitration is sometimes referred to as “baseball arbitration.”
Attorney Fees
The party whose offer is accepted by the arbitrator will be awarded the costs and attorney fees reasonably incurred in connection with the claim.
General
Notices
We may send notices pursuant to this Agreement to you via your e-mail address listed on your account, and such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this Agreement to us at customerservice@wonderpusindustries.com, or 12819 SE 38th St #232 Bellevue, WA 98006, and such notices will be deemed received by Us three days after they are sent.
No Waiver
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
Assignment & Successors
Neither party may assign this Agreement or its right or obligations under this Agreement, except We reserve the right to assign this Agreement or any of Our rights or obligations under this Agreement without your consent as part of a merger, acquisition, or any other change of control of the Company. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
Entire Agreement
This Agreement is the entire agreement of the parties and supersedes all prior agreements as to the use of the Website. If you have any questions or concerns regarding any of the terms above, please feel free to contact Us at customerservice@wonderpusindustries.com.
Wonderpus Industries, LLC
12819 SE 38th St #232
Bellevue, WA 98006
Last updated: February 24, 2016