TERMS OF SERVICE
1. Introduction
WTW Publishing, LLC offers products including books, magazines, and branded merchandise. These Terms of Service (“Terms”) govern your access to and use of whytrumpwins.com (“Website”) and all associated services (collectively, “Service”).
1.2 Acceptance of Terms By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.3 Legal Capacity You represent and warrant that you are at least 18 years old and possess the legal authority, right, and freedom to enter into these Terms and to form a binding agreement, under any applicable law.
- Definitions
2.1 Defined Terms For the purposes of these Terms:
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.
- “Goods” refers to any items offered for sale on the Website.
- “Services” include our website functionality and all content, services, and products available at or through the website.
- “User,” “you,” and “your” refer to the individual person, company, or organization that has visited or is using the Website and/or Service.
- User Account and Registration
3.1 Account Creation To access and use certain features of the Service, you may be required to create an account (“Account”) and provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.
3.2 Account Responsibilities You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- User Responsibilities
4.1 Compliance with Terms You agree to comply with all local, state, national, and international laws and regulations applicable to your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users or with WTW Publishing, LLC’s operation and management of the Service.
4.2 Content Restrictions You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Intellectual Property Rights
5.1 Ownership and Rights All intellectual property rights in the Service and all materials and content made available through the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are owned by WTW Publishing, LLC or are licensed to WTW Publishing, LLC and are protected by United States and international intellectual property laws.
5.2 User License Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
- User-Generated Content
6.1 User Contributions You may be able to upload, store, publish, send, and receive content and information on or through our Service (“User Contributions”). You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Contributions.
6.2 Rights Granted by User By posting, uploading, inputting, providing, or submitting your User Contributions, you are granting WTW Publishing, LLC, our affiliated companies, and necessary sublicensees permission to use your User Contributions in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Contributions.
- Prohibited Activities
7.1 General Prohibitions You agree not to engage in any of the following prohibited activities:
- Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Intellectual Property Abuse: Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
- Disruption: Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Data Mining: Using automated systems, such as robots, spiders, offline readers, etc., to access the Service in a manner that sends more request messages to the WTW Publishing, LLC servers than a human can reasonably produce in the same period by using a conventional online web browser.
7.2 Enforcement and Termination We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Products and Services
8.1 Product Descriptions WTW Publishing, LLC strives to be as accurate as possible in the description of the products offered on the Service. However, we do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. The colors and images of the products displayed on the website may differ from the actual products due to variances in screens and photographic resolutions.
8.2 Availability and Supply All products offered are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Additionally, we may require additional verifications or information before accepting any order.
8.3 Role of Printful in Product Fulfillment Some of the products available through our Service are fulfilled directly by Printful, our print-on-demand partner. These items are manufactured and shipped by Printful, which may impact shipping times and return policies. The specific products fulfilled by Printful will be identified in the product descriptions. Your use of our Service constitutes acknowledgment and acceptance that these products are fulfilled by Printful, and Printful’s fulfillment services are subject to their own terms and conditions, which we encourage you to review.
- Pricing, Taxes, and Fees
9.1 Pricing Prices for products are described on our site and are incorporated into these Terms by reference. All prices are in U.S. dollars and are subject to change without notice.
9.2 Taxes and Fees The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the absolute right to cancel any orders arising from such errors.
9.3 Additional Charges Prices shown do not include charges for shipping and handling, for sales/use tax, and for other government required fees. Any charges for shipping, handling, and taxes will be shown separately on your order confirmation email.
For more information on Shipping & Returns, please refer to our Shipping and Return policy.
- Order Submission and Acceptance
10.1 Order Processing Once you submit an order, you will receive an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered.
10.2 Acceptance of Your Order We accept your order only upon shipment of the product(s). We reserve the right, at any time after receiving your order, to accept or decline your order for any reason.
- Commercial Terms
11.1 Sale of Products By placing an order, you agree that you are submitting a binding offer to purchase products from us, and you are subject to the additional terms and conditions included with such products.
11.2 Changes to Orders We may allow you to make changes to orders placed, subject to our policy on order changes. No changes to the order can be made once the product has been shipped.
- Quality Assurance and Disclaimers
12.1 Quality Guarantees WTW Publishing, LLC does not provide any guarantees beyond those stated in the manufacturer’s warranty that is included with the products.
12.2 General Disclaimers 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.
- Limitation of Liability
13.1 Limitation on Direct Liability WTW Publishing, LLC shall not be liable for any direct damages exceeding the amount you paid to us for the product or service that caused the damage.
13.2 Exclusion of Indirect Damages In no event shall WTW Publishing, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any 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.
- Indemnification
14.1 Duty to Indemnify You agree to indemnify, defend, and hold harmless WTW Publishing, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Compliance with Laws
15.1 User Compliance You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Service and your purchase of items or services through our Service.
- Dispute Resolution and Arbitration
16.1 Mandatory Arbitration All disputes arising under these Terms or concerning the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16.2 Waiver of Jury Trial By agreeing to these terms, you waive your right to a jury trial for any dispute relating to these Terms or the Service.
- Modifications to the Terms
17.1 Right to Modify Terms WTW Publishing, LLC reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
17.2 Effect of Changes Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- Account Suspension and Termination
18.1 Grounds for Termination We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
18.2 Procedure for Termination If your account is terminated, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
18.3 Consequences of Termination Upon termination, your right to use the Service will cease immediately. You should be aware that we might retain some information after account termination as required or permitted by law.
- Governing Law
19.1 Applicable Law These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- Severability and Integration
20.1 Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20.2 Entire Agreement These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- Force Majeure
21.1 Non-Liability for Failure to Perform WTW Publishing, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WTW Publishing, LLC’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- Confidentiality
22.1 Obligation of Confidentiality You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers, and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of WTW Publishing, LLC. Such customer information is confidential and may not be disclosed.
22.2 Permitted Disclosure Confidential information does not include information that: (a) was in the public domain at the time we disclosed it to you; (b) becomes publicly known through no fault of yours and without breach of this Agreement; (c) you received from someone other than us without breach of any obligation of confidentiality; or (d) you developed independently.
- Entire Agreement
23.1 Completeness of the Agreement These Terms, together with any amendments and any additional agreements you may enter into with WTW Publishing, LLC in connection with the Product, shall constitute the entire agreement between you and WTW Publishing, LLC concerning the Service.
- Waiver
24.1 Waiver of Rights The failure of WTW Publishing, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waivers of any provisions contained herein must be in writing and signed by the parties to be legally binding.
- Contact Information and Notices
25.1 Contact Us If you have any questions about these Terms, our Services, or any concerns or issues, please contact us at:
Email: info@whytrumpwins.com