Terms Of Use

Unfortunately in this modern era, legalities are an integral part of an e-commerce website such as this one. Below are the Terms of Use for using & accessing Wild Truth Design Co's website. It won't be the most riveting stuff you've ever read, but you are nonetheless encouraged to read it in its entirety.

Website Terms Of Use

This website is owned and operated by Wild Truth Design Co ["WTDC"].

These "Terms of Use" (hereby referred to as "TOU") govern your access and use of this website. By accessing or using this website you indicate your agreement to these TOU. Please carefully read these TOU and the related Privacy Policy before using this website, as your use and access create a binding agreement to these terms. If you do not wish to be bound by these terms, you may discontinue use of this website. 

Additions to Website Content

Any new products, blog posts, or other content added to this website will also be subject to these TOU. The most current version of these terms will be available on this page. WTDC reserves the right to update, change, or replace any part of these TOU. It is your responsibility to check this page periodically for changes. Your continued use or access of the website following the posting of any changes constitutes acceptance of those changes.

Intellectual Property

This website contains intellectual property owned by WTDC, including copyrights, trademarks, and proprietary information. WTDC reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the website content, in whole or in part, without the prior, express written agreement of WTDC.

Sharing of content to social media or blogs is allowed, as long as proper credit is given to WTDC and an active link is provided to the original content on this website.

Description of Website Offerings

WTDC endeavors to describe and display the content and products shown on this website as accurately as possible. Please do not accept that this website is entirely accurate, current, or error-free. From time to time WTDC may correct errors in pricing and product descriptions. We reserve the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

Blog Comments

WTDC invites comments to our blog posts. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. We reserve the right to remove any commentary that does not meet the standard of respectful inquiry or debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to this website, by posting material on this website, you grant WTDC a worldwide, perpetual, nonexclusive license to use the material in relation to published content on this website and related publications.

Third-Party Links

This website contains links to third party websites and resources. You acknowledge and agree that WTDC is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No Warranties

WTDC does not guarantee, represent, or warrant that your use of this website, or the products offered therein, will be uninterrupted, timely, secure, or free of errors. We do not warrant that the results that may be obtained from your use of this website, or the products offered therein, will be accurate or reliable.

You agree that from time to time WTDC may remove all or some of the products offered on this website for indefinite periods of time.

You expressly agree that your use of, or inability to use, this website is at your sole risk. This website and all products delivered to you through this website are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

No Consequential Damages

To the full extent permitted by law you agree that under no circumstances shall WTDC be liable (i) for any indirect, special, punitive, incidental, or consequential damages, or any other damages arising in any way out of the use, reliance on, or inability to use this website or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in this website or its products. In no event shall WTDC's cumulative liability to you exceed the total purchase price of the products you have purchased from WTDC or this website.

Indemnification

You agree to defend and indemnify WTDC against any and all liability, claims, and losses, including third-party claims, arising out of any breach by you of these TOU or any use by you of this website or its products. You shall not settle any third party claim or waive any defense without WTDC's prior written consent.

Changes to Terms of Use

WTDC may at any time amend these TOU. Such amendments are effective immediately upon notice to you by us posting the new TOU on this website. Any use of this website by you after being notified means you accept these amendments.

Digital Millennium Copyright Act [“DMCA”]

WTDC respects the copyrights of others. If you see any content on this website that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on this website; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to mindy@sizzleconedesigns.com.

Governing Law and Dispute Resolution

You agree that the laws of the State of Colorado, excluding its conflicts-of-law rules, shall govern these TOU and your use of this website. You expressly agree that exclusive jurisdiction for any claim or dispute with WTDC, resides in the courts of the State of Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court.

As a condition precedent to your filing any claim or action against WTDC, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Colorado Springs, Colorado, each party to bear its own costs. Any cause of action you may have with respect to your use of this website must be commenced within one year after the claim or cause of action arises.

Severability

If any term, provision, or condition of these TOU is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the TOU shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Effect of Headings

The subject headings of the paragraphs of these TOU are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement / Waiver

These TOU and related Privacy Policy constitute the entire agreement between you and WTDC pertaining to your use of this website and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by WTDC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by WTDC.

Date of Last Update

December 28, 2020