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Terms of Use

Wisecracker Luggage Terms of Use

Welcome to the Wisecracker Luggage website (the “Site”), which is owned and operated by Wisecracker LLC (“Wisecracker” or “we”). 

These Terms of Use, together with our Privacy Policy and our Terms of Sale, constitutes the legal contract between you and us concerning your use of the Site (collectively this “Agreement”).

We reserve the right to change the Site and the terms of this Agreement at any time.  We will inform you of any material changes to this Agreement by posting a notice on the Site.  If you are a registered user of the Site, we may also notify you of the material changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the Site.  By continuing to use the Site after such notice and consent, you agree to be bound by this Agreement as modified.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF AND ASSENT TO ALL OF THE TERMS OF THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.  In any event, however, the Site is not designed or intended for children under the age of 13.  Also, only persons who are 18 or older are permitted to register and to make a purchase on the Site.  If we discover that any registration or purchase is made by an underage person, such registration will be immediately and permanently canceled and removed from the Site, with or without notice.  We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site by displaying it on your internet browser for your personal and private use ONLY (such as shopping for personal items sold on the Site, reading our travel blog, and learning about our philanthropic activities) and not for any commercial use or use on behalf of any third party, unless expressly permitted by us in writing in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion of it, unless expressly permitted by us in writing in advance. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business, unless expressly permitted by us in writing in advance.  We reserve the right to refuse service, suspend or terminate accounts, and/or cancel orders at our sole discretion, including, without limitation, if we believe that customer conduct violates applicable law, this Agreement, or any rights or interests of Wisecracker or our business partners (including, without limitation, Kiva Microfunds).

You shall not upload to, distribute, or otherwise publish through the Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

If you have registered and established an account on the Site, you are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.  YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS, SUBMISSIONS, AND PURCHASES MADE AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.  You shall immediately notify us of any unauthorized use of your password or identification or any unauthorized or suspicious activity on your account.

INTELLECTUAL PROPERTY

All text, blog entries, publications, graphics, button icons, images, photographs, video clips, audio clips, product descriptions, user interfaces, software applications, and other content and material (collectively “Content”) on the Site belong exclusively to Wisecracker and/or its licensors and business partners.  All Content on the Site is protected by U.S. and international copyright laws.  The name “Wisecracker” and associated marks, logos and slogans are trademarks and/or service marks of Wisecracker, and all other names, marks and logos are trademarks and/or service marks of their respective owners (for example, the “Kiva” name and associate logo are trademarks and/or service marks of Kiva Microfunds).  The use of any of our trademarks or service marks without our express prior written consent, or the use of any trademarks or service marks of our licensors or business partners without their express prior written consent, is strictly prohibited.  You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion or deception.  You may not use our trademarks or service marks in any manner that disparages or discredits us.  You may not use any of our trademarks or service marks in meta tags or as ad keywords without our express prior written consent.

PRIVACY POLICY

Your use of the Site is governed also by our Privacy Policy which is located at https://www.wisecrackerluggage.com/privacy_policy.

TERMS OF SALE

If you make a purchase on the Site, your purchase is governed also by our Terms of Sale which is located at https://www.wisecrackerluggage.com/checkout/terms.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement.  Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site in whole or in part.  Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS

The Site may be accessible from outside the United States of America.  If you access and use the Site from outside the United States of America, you are responsible for complying with your local laws and regulations and assume all risks arising therefrom.

DISCLAIMERS

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN OUR TERMS OF SALE (click here), THE SITE, ALL PRODUCTS OFFERED FOR SALE ON THE SITE, AND ALL CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT IN OUR TRAVEL BLOG) ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OFFERED FOR SALE ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.  THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS.  WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATIONS OF LIABILITY
(A) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OR PRODUCT OBTAINED THROUGH THE SITE OR THROUGH HYPERTEXT LINKS TO THIRD-PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
(B) IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE FOLLOWING: (1) FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THE SITE OR ANY CONTENT ON THE SITE, THE TOTAL AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE OR THE SUBJECT CONTENT; AND (2) FOR ANY AND ALL CLAIMS BASED UPON A PURCHASE MADE BY YOU ON THE SITE, THE TOTAL AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR THE SUBJECT PURCHASE.
(C) BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   IN SUCH STATES/JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

LINKS

The Site may contain links to certain third-party websites.  Such links are provided for your convenience only.  These third-party sites are not owned or controlled by Wisecracker.  Therefore, we do not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any content, information, view, opinion, advice, recommendation, product or service offered or made available on such third-party sites.  Also, by merely linking to a third-party site, we by no means sponsor, endorse, approve or recommend such third-party site, or any content, information, view, opinion, advice, recommendation, product or service offered or made available on such third-party site. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will we be liable in any way for any content, information, view, opinion, advice, recommendation, product or service offered or made available on any third-party sites linked to or from the Site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please notify us using the mailing address, email address and/or phone number provided in the “CONTACT US” section below.

APPLICABLE LAW

The Site is operated by Wisecracker from the State of California, U.S.A.  As such, the laws of the State of California will govern this Agreement, without giving effect to any principles of conflicts of laws.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and us concerning your use of the Site.  If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, all of which shall remain in full force and effect.  No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

CONTACT US

Please send any questions or comments (including copyright complaints) regarding the Site to:
Wisecracker LLC
Attn.: David Dow
204 H Street
Petaluma, California 94952
U.S.A.

Have questions? Prefer to order by Phone or Fax? The Customer Service Team at Wisecracker Luggage is happy to help!  Please contact our Customer Service team via telephone or email as follows:

Telephone:     1.800.419.2984 (US) or + 415.794.5918 (International) 

Please call between 7 am and 5 pm, Pacific Standard Time (PST), Monday through Saturday (excluding U.S. federal holidays).

Email: customerservice@wisecrackerluggage.com