CONDITIONS OF USE
Last Updated: July 10, 2018
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (“Additional Terms”). For instance, your purchase and use of OXFORD & WELLS gift cards is subject to our gift card terms and conditions. To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
2. User Accounts
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
3. Terms of Sale
- Availability and Pricing. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.
- Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
- Payment. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
- Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Returns: If you are not completely satisfied with your purchase you have 30 calendar days to return any item from the date you received it to receive a full refund. To be eligible for a refund your item must be returned along with the receipt or proof of purchase and we ask you provide the reason for returning item. You may return your item to:
Oxford & Wells
2201 Long Prairie Road
Flower Mound, TX 75022
Once your items has been received we will notify you on the status of the refund. If your refund is approved we will initiate a refund to your credit card (or original method of payment). You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you have any questions on how to return your item to us contact us at: firstname.lastname@example.org
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Product Descriptions. The product descriptions provided are for informational purposes only and are not warranties or representations regarding the products, their features or performance.
5. Limited License
Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to OXFORD & WELLS and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, OXFORD & WELLS and our licensors reserve all rights in and to our Services. OXFORD & WELLS grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
6. User Content
Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, “User Content”). Except for the license you grant below, as between you and OXFORD & WELLS, you retain all rights in and to your User Content. You grant OXFORD & WELLS a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
7. Prohibited Conduct
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any applications that interact with our Services without our prior written consent;
- Use any data mining, robots or other data gathering or extraction methods in connection with the Services;
- Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Services; or
- Use our Services in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.
8. Prohibited Content
You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
- Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without that third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose WASFG or others to any harm or liability of any type.
You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray OXFORD & WELLS or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the Oxford & Wells logos, trademarks or other proprietary graphic of OXFORD & WELLS to link to our Services without our express written permission. Oxfordwells.com may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. OxfordWells.com has no control over the content or policies of such third-party websites and is not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website, those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about OXFORD & WELLS or our products or Services (collectively, “Feedback”), is non-confidential and OXFORD & WELLS will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless OXFORD & WELLS, our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the “OXFORD & WELLS Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify OXFORD & WELLS Parties of any third-party Claims, cooperate with OXFORD & WELLS Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the OXFORD & WELLS Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the OXFORD & WELLS Parties.
Your use of our Services is at your sole risk. Our Services and the products purchased via our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if OXFORD & WELLS provides an express limited warranty for a specific product, the implied warranties are limited to the term of that limited warranty for that specific product. In addition, OXFORD & WELLS does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While OXFORD & WELLS attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.
13. Limitation of Liability
- OXFORD & WELLS will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages, including without limitation, lost profits or damages to reputation or punitive or exemplary damages arising out of or in any way related to these Terms or our Services (including the products purchased via our Services), even if OXFORD & WELLS has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- The total liability of OXFORD & WELLS for any claim arising out of or relating to any product purchased via the Services will not exceed the greater of $100 or the purchase price of that product. For all other claims arising out of or relating to these Terms or our Services, the total liability of OXFORD & WELLS is limited to $100.
- The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of the OXFORD & WELLS Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, you release the OXFORD & WELLS Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
15. Governing Law, Jurisdiction and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The parties further agree to submit to the exclusive jurisdiction of the state courts of the State of Texas for any lawsuit arising from this Agreement, and that the state and district and/or county courts for Denton County, Texas shall be the only appropriate venue for resolution of such disputes, and the parties waive any objection to venue laid therein. The parties agree that any lawsuit filed in a jurisdiction and venue other than Denton County, Texas will be dismissed and refiled if necessary, in the state district or county courts in Denton County, Texas.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and OXFORD & WELLS relating to your access to and use of our Services. The failure of OXFORD & WELLS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
18. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
19. Cookies and Automatic Collection of Information
If you have any questions or concerns regarding the Services or these Terms, please contact OXFORD & WELLS at: contact@OxfordWells.com.