This website at shop.stemwonders.net (the “Site”) refer to STEM Wonder Box (“Company”, “we”, or “us”) is provided by STEM Wonder for Edutainment Ltd. STEM Wonder Box offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms (the “Terms”), conditions, policies, and notices stated here.
These Terms (together with the Privacy Policy, Return Policy, and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement, or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
PLEASE READ THE BELOW TERMS CAREFULLY AND IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS, YOU SHOULD CEASE USING THE SITE IMMEDIATELY. BY ACCESSING, VISITING, OR USING THE SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, YOU AGREE TO BE BOUND BY THEM, AND YOU ARE AT LEAST 18 YEARS OLD. THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT.
Online Store Terms
Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our Products and services to you.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service violate any laws in your jurisdiction (including but not limited to copyright laws).
Account
In order to use some of the website features and to purchase Products from the website, you must register for an account with Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate (b) you will maintain the accuracy of such information; and (c) If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order. If you are registering on behalf of an organization or company, you must have the authority to bind that company. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Accuracy of Information
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant, or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete, and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance on the material on this Site is at your own risk.
Content on the Site is provided for your general information purposes only and to inform you about us and our Products and news, features, and services that may be of interest. It does not constitute advice and should not be relied on for any purpose. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Prices and Payment
The price of the Products and any additional delivery or other charges is that set out on the Website at the date of the order or such other price as we may agree in writing. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Price Change
The price charged when you place your order will be the price advertised on this Site at the time the order is placed, subject to the Terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Applicable delivery charges may be added to the subscription price. Applicable taxes will be added to the subscription price.
All Products are subject to changes in prices without notice. We reserve the right to change the fees for any services or price of any Product at any time, while not being obliged to inform you in advance. However, we will attempt to give you 30 days’ notice in such circumstances. You can cancel your subscription if you do not agree with the updated price. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of any Product or its price.
In case a Product is listed at an incorrect price or with incorrect information due to make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
Automatic Charging
Your subscription will continue until you cancel it or it finishes. You will be charged automatically according to your subscription plan. It is your responsibility to ensure that your account at the Website contains correct and valid payment details for the entire term of your subscription.
Bank Charges
You will be charged up to five (5) working days before your Products or subscriptions are shipped. You agree not to hold us responsible for any banking charges incurred due to payments on your account.
Payment
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes.
If you order a subscription to a Product (with a term of 3 months, 6 months, or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date until you terminate your Subscription in accordance with the directions on the Site.
The credit card or other payment method which you provide to us will be charged for your subscription at the time you place your order and at the commencement of any renewal Term. It is your responsibility to ensure that your account at the Website contains correct and valid payment details for the entire term of your subscription.
We reserve the right to refuse any order you place with us if it appears to be placed by dealers, resellers, or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your Product or there are changes to your account or Subscriptions.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
You will be solely responsible for payment of all taxes (other than taxes based on the Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in Section II). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
Orders Conditions
We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy are either that (a) we will issue a credit to your credit card account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.
The description of the Products is for illustrative purposes only and there may be small discrepancies in the appearance and contents of the Products supplied. We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to change all Boxes and Subscriptions listed on the Site including, without limitation, descriptions, contents, Products, prices and terms, and any discounts and promotions without notice. We reserve the right to discontinue any Product at any time.
We can make changes to the Products which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. We may make other improvements to the Products following our evaluation and receipt of feedback. We will not always notify you of these changes as they may be minor.
Product Disclaimers
Warning: Choking Hazard – Small Parts
Unless it says that our Product is suitable for children under 4 years. You acknowledge that our Products are not designed, manufactured, or intended for use by children under the age of three (4) and may contain small parts or chemicals. In addition to all other limitations and disclaimers in this agreement, Company shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss, or costs arising from such use.
Shipping Policy
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Company are estimates. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We will ship the Boxes to you at the shipping address which you provided. The Company will send you an email when your order has shipped, and you may review your order and shipping information on your Account.
We will ship your Product on approximately the fifteenth day of each month. Title and risk of loss pass to you upon the delivery of the Box to the shipping address which you provided.
Cancellation Policy
You can cancel an individual box anytime by emailing us at supposrt@stemwonders.net. If you request changes to your subscription you can do this via your login section on the website or by contacting us at Support@stemwonders.net. We may choose not to make a change to your subscription at our sole discretion. You may cancel the renewal of your subscription through your account at any time prior to the end of your current Term.
Any subscriptions debited prior to cancellation will be processed as normal. If you wish to cancel your monthly subscription you can contact us prior to your subscription’s auto-renewal date via one of the following: i) your login section on the website, ii) using our online service the day before your billing date, iii) by email at support@stemwonders.net. Any subscriptions debited prior to cancellation will be processed as normal. To confirm your cancellation, you should receive a confirmation email from us with this regard. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation. Any payments you have made for orders which have been properly canceled will be refunded to you.
Gift subscriptions are not eligible for cancellation because these subscriptions will expire after the original term is complete. Auto-renewing subscriptions can be turned “off” at any time. Auto-renewing subscriptions cannot be canceled mid-term.
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. If we terminate your use of our service because of a breach of any obligation under these Terms, such termination would be immediate and without notice.
Promotions
Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Coupons
We may from time to time offer gifts, coupons, or promotional codes (“Coupons”) relating to the purchase of the Products. We reserve the right to reject the use of any Coupon not in compliance with the purposes for which it was granted. We reserve the right to modify or cancel any Coupon at any time.
Unless otherwise specified, Coupons may not be used in conjunction with any Coupon, or any other discount or promotion provided or advertised by us.
Coupons may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned. Coupons are subject to any additional terms specified at the time of issue and/or redemption.
Delivery
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
After placing your first order, please allow up to two weeks for delivery of your first subscription. Any delivery dates provided by us are estimates. You will not hold us responsible for any delays, outside our control, which relates to the delivery of subscriptions.
Lost Subscriptions
It is your responsibility to report all lost subscriptions within two weeks of expected delivery time by email to support@melscience.com. Subscriptions not reported at this time will result in no refund.
We reserve the right to cancel your service if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
If you change your shipping or billing address, you must update your address details by logging into your account on the website and updating your profile. Please ensure we receive this communication two weeks before a subscription is due to be despatched as you will be liable for any subscriptions posted to the wrong location.
Third-Party Links
The Site may provide you with access to third-party tools over which we neither monitor nor have any control nor input. These links are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material, or information contained in them. The display of any link to any third-party website does not constitute an endorsement of such a third party’s website, Products, or services. Your use of a third-party website will be governed by any applicable Terms of that third-party website.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).
We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, Products, or services of third parties.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
User Content
We use the term “User Content" to refer to all information, content, and material of any kind that you submit to us, or uses with, the Site or Services. This including content in the user’s profile, text, files, images, photos, video, sounds, and musical or literary works.
It does not include the account information you provide when you register as a member or when you subsequently change that information. If you review or submit User Content you are agreeing to do so on these Terms. If you do not want to review or submit User Content on these terms, then you should not do so.
You are solely responsible for your User Content and assume all risks associated with the use of your User Content. The Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by us.
User Code of Conduct
In using the Services, you must behave civilly and respectfully at all times. By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
2. Content that may violate any applicable Federal, State, Local, or International law or regulation;
3. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
4. User Content that may infringe any patent, trademark, trade secret, copyright, or another intellectual or proprietary right of any party;
5. User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
6. User Content that impersonates, or misrepresents your affiliation with, any person or entity;
7. User Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations;
8. User Content that contains any private or personal information of a third party without such third party’s consent;
9. User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
10. User Content that contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
11. User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Company or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have absolute discretion, to remove, screen, or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
License
By submitting User Content you hereby grant, to Company an irrevocable, nonexclusive, royalty-free and fully-paid, sub-licensable, transferable, and worldwide license and authorization to use, reproduce, modify, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and to grant sublicenses of the foregoing, for the purposes of including your User Content in any media (including, but not limited to, our Website, our Software, Services, Company’s other Products, and services, and Company’s marketing materials or endorsements). You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
We may link User Content or parts of User Content to other material, including material submitted by other users of the website or created by us and/or other third parties. We may use User Content for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market, or advertise us. We will not sell your User Content to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Content.
Right to Refuse
We reserve the right, in our sole discretion, to review or to remove or edit any of your User Content, or to restrict, suspend, or terminate your access to all or any part of this website, or investigate, and/or take appropriate action against you in our sole discretion if you violate the or any provision of these Terms or otherwise create liability for us or any other person and we may do this with or without giving you any prior notice. Such acts may include removing or modifying your User Content and terminating your Company Account. We may report your User Content to the law enforcement authorities if we find your User Content violates these Terms or the applicable laws.
Release
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to any interactions with, or act or omission of, other Site or Service users.
Intellectual Property
Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
We will respond to legitimate requests made under trademark law, and we retain the right to remove Content from the Sites that the Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
Website Disclaimers & Dispute Process
THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.
Assumption of Risk
You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights.
You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.
Process
1. CONTACT US – You agree to contact us with your complaint prior to filing for any arbitration.
2. FILE COMPLAINT – You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
3. ARBITRATION – You and Company agree that (a) any arbitration will occur in the Province of Alberta, Canada, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the Province of Alberta, Canada, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in a small claims court.
California Civil Code Section 1789.3 Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to our email below.
Communications
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
Third-Party Integration
In providing the Service, Company makes available various third-party tools to process payments (i.e. Stripe). The Company is not responsible for and cannot be held liable for the performance of any third-party services, the security of their service, or their collection or use of any of your information.
Availability of Website
Any online facilities, tools, services, or information that our website makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We make no representations or warranties of any kind with respect to it. Use of our service, the site (including any downloadable tools), and/or the Products are at your own risk.
Although we make reasonable efforts to ensure that this Website is available to you at all times, however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of system failure; technical issues; or any reasons that are beyond our control; required updating, maintenance, or repair. We accept no liability for any disruption or non-availability of the Website. If a fault occurs with this Website or in our services, please report it to us and we will correct the fault as soon as we reasonably can.
Website Limited Liability
The service, the site (including the downloadable tools), all information, and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of or reliance on the content provided on the website or any conduct by users of the website. We reserve the right to deliver Products or subscriptions at our sole discretion.
We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. We do not guarantee the security of any information transmitted to or from the site or service, and you agree to assume the security risk for any information you provide using the site or service. We may, from time to time, restrict access to certain features, parts or content of the website, or the entire Website, to users who have registered with us.
We and our affiliates do not warrant that your use of the site or service will be uninterrupted, error-free, or virus-free. The submission of any user content and the download or upload of any material through our service and/or site is done at your discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or reliance upon the site or services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site or service, and you agree to assume the security risk for any information you provide using the site or service.
No representation or warranty is made that the site or services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the site or services and the output of the site or services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, the service (including any downloadable tools), and the Products to you, and we would not provide the site or service or Products to you without this limitation.
Indemnification
You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s)
Limitation of Liability
In no case shall STEM Wonder Box, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Products procured using the service, or for any other claim related in any way to your use of the service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and services delivered to you through the service are (except as expressly stated by us) 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. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. In no event will we or our affiliates be liable for any indirect, incidental, consequential, or special damages in connection with these terms, the service, the site, or the Products, whether or not such damages were foreseeable, and even if we were advised that such damages were likely or possible.
You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, the service (including any downloadable tools), and the Products to you, and we would not provide the site or service or Products to you without this limitation.
Changes to Terms
We reserve the right, from time to time, at our sole discretion, with or without notice to you, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. These changes will be effective immediately for new users of our Site or Services. It is your responsibility to check our website periodically for changes.
The Terms applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.
No Waiver
No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
No Class Actions
You and Company agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
You agree to comply with all laws, rules, and regulations that apply to your use of the Site, the Services (including the Downloadable Tools), and the Products. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
Assignability
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Contact Information
Questions about these Terms and Conditions should be sent to us at support@Stemwonders.net