What this Agreement Covers
This Agreement governs your use of the Site and the WanderingFinch.com service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of WanderingFinch.com and Third Parties
WanderingFinch.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the WanderingFinch.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by WanderingFinch.com.
WanderingFinch.com is the owner of Wandering Finch copyright. By using the WanderingFinch.com Site, you agree to limit your use of Copyrighted Material to comply with any restrictions or conditions imposed on the use and access of the Copyrighted Material by the third parties. WanderingFinch.com will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact WanderingFinch.com and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. WanderingFinch.com retains the right to display such designs or offer them (or variations of such designs) to other customers.
WanderingFinch.com will be responsible for acting only on those instructions sent to WanderingFinch.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders. WanderingFinch.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. WanderingFinch.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". WanderingFinch.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will WanderingFinch.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if WanderingFinch.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
You agree to defend, indemnify and hold WanderingFinch.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of WanderingFinch.com's Site and Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the State of Hawaii and, where applicable, by federal law.Last updated on: 12/05/2021