Terms of Use

 
 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING WWW.EVIANSPRAY.COM (THE “SITE”).  YOUR USE OF THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.  These terms and conditions apply to all users of the Website and its associated services. The Website is developed, maintained and operated by The Wilkes Group, Inc. (“Wilkes Group”, “we”, “us” or “our”).

Changes to these Term of Use.  We may change these Terms of Use at any time and we will provide notice to you of such revised terms by posting them at this location on the Website. However, any changes to the dispute resolution provisions set forth in the Arbitration and Governing Law sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your use of the Website after the posting of revised Terms of Use will constitute your agreement to such revised Terms of Use.  If you do not agree to such revised Terms of Use, please do not use the Website.

Additional Terms and Conditions; Other Agreements. Additional terms and conditions may apply to specific portions, services, or features that may be made available on the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. If there is a conflict between such additional terms and conditions and these Terms of Use, the additional terms and conditions shall control with respect to your use of that portion or the specific service or feature.

Geographic Restrictions.  We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Important Notice Regarding Claims and Agreement to Arbitrate. 

Please note: these Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website.  These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Website.  If you do not agree to such terms, please do not use the Website.

Website Contents Ownership.  The Website is expressly owned and operated by Wilkes Group. Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Website are owned, controlled or licensed by or to Wilkes Group, and are protected by copyright, patent and trademark and various other intellectual property and unfair competition laws.  All third party trademarks and service marks that are used to identify the products and services of other companies are the property of their respective owners. Evian is a trademark registered by Societe Anonyme des Eaux Minerales d'Evian and is licensed to be used by Wilkes Group. Except as expressly provided in these Terms of Use, no part of the Website (including the Content) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.  You may not remove, obscure, or alter any copyright notices, trade names, trademarks, service marks, logos, other distinctive brand features or other proprietary rights notices affixed to or contained within the Website or its Content. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.  The Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

Your Use of the Website.  The Website and its Content are intended solely for your personal, noncommercial use. Any use of the Website or its Content other than for personal, noncommercial purposes is prohibited.

Prohibited Actions. You may not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the Content, or the Website as a whole, or any related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display the Website, the Content or any portion thereof by using framing or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Website product or service if you are not expressly authorized by such party to do so; or (e) use the Website or the Content, including any of the features, tools and services on the Website, for any reason other than for its intended purpose, including to communicate with Wilkes Group, to upload onto this Website or otherwise transmit to this Website, any materials, content or images that either threatens to cause harm to any person or that is illegal or otherwise unlawful, including, without limitation, any harassing, morally offensive, criminal, obscene, profane, defamatory, libelous or threatening content. For the avoidance of doubt, except as expressly provided in these Terms of Use, no part of the Website (including the Content)  may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.  However, you may download or electronically copy and print any of the Content displayed on the Website for your personal, noncommercial use. If you download, copy or forward via e-mail any part of the Content, no right, title or interest in those materials is transferred to you.

You may not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, any Wilkes Group server, or any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.  You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Wilkes Group, including any Wilkes Group account not owned by you, to its source.  You may not exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.  You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or with any other person's use of the Website. 

Any use of the Website (including any Content) for any purpose not expressly permitted in these Terms of Use is prohibited. You may not use the Website (including any Content) for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wilkes Group or others.  You acknowledge that your failure to abide by these Terms of Use may subject you to civil and criminal liability. 

Privacy.  We may collect your personal information as described in our Privacy Policy. We may use the information we collect from you to communicate with you about special offers, promotions and other marketing programs that may be of interest to you. The Website is not intended for use by children under the age of thirteen and We do not knowingly collect or solicit any personal information from children under the age of thirteen. 

Product Display.  Wilkes Group has made every effort to display accurately the products featured on the Website. Wilkes Group cannot guarantee that your monitor's display of any merchandise details will be accurate.

Product Availability.  In order to keep our Website current, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to the Website will still be available when you visit again. Please understand that some of our featured items are available only in limited quantities. The inclusion of any product on the Website at a particular time does not guarantee availability, as inventory and product availability can vary. When an item is no longer in stock, we will take reasonable steps to remove that item from the Website or otherwise indicate that the item is no longer available. If you cannot find an item you previously saw on the Website or for any other help with our merchandise, please contact us by telephone at 860-434-3321 or by email at mail@wilkesgroup.com. You may also write to us at The Wilkes Group, Inc., 8 Vista Drive, Old Lyme, CT 06371.  

Information Accuracy.  Wilkes Group makes reasonable efforts to provide the most recent, accurate and reliable information on the Website. There may be occasions, however, when information featured on the Website may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price or other matters, or an item that is no longer in stock. Wilkes Group does not warrant or accept any responsibility or liability for the accuracy, completeness or currency of the information accessible via the Website. Wilkes Group reserves the right to correct errors and to update information on the Website at any time. Of course, we will make reasonable efforts to provide you with current prices at the time you place your order. In the event that a product is mistakenly listed at an incorrect price, Wilkes Group reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.

Product Pricing.  The prices displayed on the Website are quoted in U.S. currency. Prices are subject to change at any time.

Online Purchases. We endeavor to fulfill all orders as received, but reserve the right to cancel any order if it cannot properly be fulfilled or to limit quantities per person, household, or order. If your credit card has already been charged for the purchase and your order is cancelled, We will issue a credit to your credit card account in the amount of the order.

While it is our practice to confirm orders by email, the receipt of an order confirmation does not constitute our acceptance of an order. We also may require verification of required information prior to the acceptance and/or shipment of any order.

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website.

Comments, Feedback, and Other Submissions.  If you disclose, offer, submit or send to us any comments, feedback, suggestions, ideas and other submissions in connection with your use of the Website or any product (collectively, the "Comments"), you acknowledge and agree that (a) the Comments will not be considered confidential or proprietary to you, (b) Wilkes Group and its affiliates are under no obligation to keep Comments confidential, (c) you will not be compensated for any Comments, and (d) your disclosure, offer, submission or other transmission to us of any Comments shall constitute the grant by you to us of an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner we choose. We may, at our option and in our sole discretion, use, post, distribute, critique, quote from, characterize and/or refer to your Comments or any portion thereof, but We are not in any way obligated to do. We may remove Comments in whole or in part at our option and in our sole discretion. You are and shall remain solely responsible for the content of any Comments you offer or submit.

Account Security.  The Website allows you to register or obtain a password so that you may create an account and use certain services available on this Website. You are responsible for maintaining the confidentiality of your registration information and password, and for all account use, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password or account or a breach of security of which you become aware. You are responsible for taking precautions and using security measures best suited for your situation and intended use of the Website. We have the right to provide user account, content or use records and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business), as explained in our Privacy Policy.

Third Party Websites and Content.  The Website may contain links to websites and content that are not owned, controlled or provided by Wilkes Group.  Wilkes Group does not monitor or review any third party content or websites and makes no representations or warranties of any kind with regard to any such content, websites or their terms of use or privacy practices. Wilkes Group is not responsible for the contents, accuracy or use of any linked website or third party content, or any consequence of clicking on the link. Such links or content are provided solely as a convenience to you and do not represent the views of Wilkes Group or any individual associated with Wilkes Group or imply endorsement by Wilkes Group. You should review the terms of use and privacy policy of each website you visit.  Your use of any third party website is at your sole risk. The Site also includes a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Pinterest, Google or Instagram. These third party services are unrelated to the Website and your use of such third party services is subject to the terms and policies of those services.

Your Representations and Warranties.  By using the Website, you represent and warrant that (a) you are at least eighteen years old, (b) you have read and agree to abide by these Terms of Use, (c) you have read and agree to our Privacy Policy, (d) any information you submit to Wilkes Group is truthful and accurate, and (e) you will not use the Website (including any Content) for any unlawful purpose or in violation of any applicable law.

 

Disclaimer of Warranties, Limitation of Liability and Indemnification

 

Disclaimer of Warranties.  Wilkes Group does not warrant that the Website will operate uninterrupted or error-free, that defects will be corrected or that the Website or its server(s) will be free of viruses or other harmful elements. You use the Website at your own risk.

 

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. WILKES GROUP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WILKES GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, QUALITY OR TIMELINESS OF ANY WEBSITE CONTENT, SERVICES, SOFTWARE, GRAPHICS OR LINKS. WILKES GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

Limitation of Liability. WILKES GROUP, ITS PARENTS, SUBSIDIARIES, LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “WILKES GROUP PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF USER INFORMATION OR USER CONTRIBUTIONS TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT ON THE PART OF THE WILKES GROUP.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

 

Your Obligation to Indemnify.  You agree to indemnify, defend and hold the Wilkes Group Parties harmless from and against any and all third party claims, liabilities, demands, penalties, actions, causes of action, suits, obligations, damages, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any of the Wilkes Group Parties, arising out of, related to or which may arise from your use of the Website, your alleged breach of any of these Terms of Use, your use of any Content or your violation of the rights of any other person.

 

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

 

Arbitration and Time Limit to Bring Claims

 

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

 

To the fullest extent permitted by law, by using the Website, you agree that if a dispute arises between you and the Wilkes Group regarding these Terms or Use, Privacy Policy, or the Website, BOTH YOU AND THE Wilkes Group PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN YOU AND THE WILKES GROUP PARTIES MUST BE BROUGHT IN CONNECTICUT. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR THE WILKES GROUP PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Wilkes Group Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org. 

 

Any cause of action or claim you may have with respect to the Website, these Terms of Use or our Privacy Policy must be commenced within one (1) year after the claim or cause of action arises or be forever barred.

 

Governing Law. These Terms of Use shall be governed by the laws (both substantive and procedural) of the State of Connecticut (without regard to the rules governing conflicts or choice of laws). To the extent a claim is subject to litigation in court, you irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut for any litigation or dispute arising out of or relating to your access to or use of the Website, these Terms or Use or our Privacy Policy.

 

Copyright Agent.  If you believe that your copyrighted work is accessible on the Website in a way that constitutes copyright infringement, please provide the following information to the agent identified below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wilkes Group to locate the material; (iv) Information reasonably sufficient to permit Wilkes Group to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, please contact: mail@wilkesgroup.com

Termination.  Wilkes Group may, in its sole discretion, terminate your access to all or any part of the Website, including, without limitation, your account, without notice, at any time, for any or no reason.  Wilkes Group reserves the right to change, suspend, or discontinue all or any aspects of the Website at any time, without prior notice.

Miscellaneous.  These Terms of Use and Privacy Policy contain the entire understanding and agreement of the parties relating to the subject matter hereof.  In the event that any provision of these Terms of Use or our Privacy Policy is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed severed and the remainder of the terms and conditions shall remain in full force and effect.  No term or condition shall be deemed waived, and no breach shall be deemed excused, unless such waiver is in writing and is executed by the party against whom such waiver or excuse is claimed.   Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use or our Privacy Policy. Wilkes Group may assign or transfer any of its rights and duties under these Terms of Use or its Privacy Policy to a purchaser or other successor of our business or relevant assets at any time without further notice to you.