Terms & Conditions

Last updated on March 17, 2014 By visiting www.shopthewonder.com (the "Website"), You, the customer, agree to the following terms and conditions. Please read these Terms & Conditions carefully before agreeing to be bound by the same. If You do not agree to be bound by the Terms & Conditions, do not access or use this Website. This website is provided by The Wonder Shop, LLC, a North Carolina limited liability company (“TWS”). By using this Website or by placing any purchase orders using the Website, You agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, You will be entitled to submit electronic orders. Any violation of the terms will result in termination of Your account. This Website is intended for use by persons at least 18 years of age. Anyone under 18 years of age may only use this Website with the express permission of his or her parent or legal guardian. In such cases, the parent or legal guardian shall be the customer for purposes of these Terms & Conditions.

  1. Account Terms: By registering with the Website, You can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. TWS will not be liable for any damage or loss caused from any unauthorized account access resulting from Your actions, such as not logging out of the account or sharing Your account password. TWS reserves the right to refuse registration or cancel an account at any time.
  2. Privacy Policy: TWS has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located here and is incorporated by reference herein.
  3. Modification of these Terms & Conditions: TWS reserves the right to change or modify any of the terms contained in these Terms & Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply Your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
  4. Payment: You agree to pay the full price for all products You purchase from the Website. TWS reserves the right to charge extra charges for Your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.
  5. Submissions of Reviews and/or Ratings: If You choose to review or rate a product on the Website, You acknowledge and agree that:
    • a. all of Your reviews and/or ratings will be accurate, truthful, and complete in all respects;
    • b. all of Your reviews and ratings will either be based upon Your actual first-hand experiences with the product(s) You are reviewing and/or rating;
    • c. You do not work for, own any interest in, or serve on the board of directors of, any of the manufacturers or designers of products for which You submit reviews and/or ratings;
    • d. You are not in any way related (by blood, adoption, or marriage) to any of the manufacturers or designers of products for which You submit reviews and/or ratings; and
    • e. Your review information will be made available to the manufacturers or designers of products for which You submit reviews and/or ratings.
  6. Content License: Although TWS does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give TWS (collectively, the “Content”), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to TWS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing TWS with Content, You automatically grant TWS all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any other party.
  7. Publication and Distribution of Content: TWS does not guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted to or through the Website. You acknowledge that TWS simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Website, is the sole responsibility of the person from whom such Content originated. You understand that TWS does not control, and is not responsible for Content made available through the Website, and that by using the Website, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content.
  8. You further acknowledge that TWS has no obligation to screen, preview, monitor, or approve any Content. However, TWS reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Website, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Website. Under no circumstances will TWS be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted, or otherwise conveyed via the Website. You waive the right to bring or assert any claim against TWS relating to Content, and release TWS from any and all liability for or relating to any Content. The Content provided does not reflect the views of TWS, its officers, managers, owners, employees, agents, designees, or other users. In addition, TWS retains the right, in its sole discretion, to determine whether or not Your use of the Website is consistent with these Terms & Conditions. TWS may suspend, restrict, or terminate Your use of the Website and to refuse any future use of all or portions of the Website if Your use breaches or fails to comply with any of these Terms & Conditions. Additionally, TWS may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of these Terms & Conditions; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of these Terms & Conditions.
  9. Acceptable Use: You shall not do any of the following or permit any other third parties to do any of the following:
    • a. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
    • b. Post or transmit any information or software that You are aware is encrypted or contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website
    • c. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder; or
    • d. Account sharing, including, without limitation, letting third parties use Your account and password.
    • e. Access, download, or copy any information contained on the Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots, or other such means);
    • f. Post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on the Website’s infrastructure;
    • g. Attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website;
    • h. Use the Website in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights; or
    • i. Use the Website in any way that could interfere with the rights of TWS or the rights of other users of the Website.
  10. Disclosure of Information: TWS may make Your identifiable information, account information, and the Content available to TWS’s employees and third parties with whom TWS contracts for use to handle Your account. In addition, TWS may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and other users to advertisers, vendors, and other third parties. You agree that TWS may make such uses of information You provide or TWS collects. You agree that TWS may access, preserve, and disclose Your account information, any information provided by You to TWS, including, but not limited to, the Content for the purposes described in this document, if required to do so by law or if in good faith, TWS believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TWS, its users, and/or the public. As TWS continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, user information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under these Terms & Conditions.
  11. Delays: The Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. TWS is not responsible for any delays, failures, or other damage resulting from such problems.
  12. Electronic Communications: When You visit the Website or send any emails to TWS, You will be communicating electronically with TWS. By such electronic communication, You agree to receive such communications from TWS electronically. You acknowledge that Your electronic submissions constitute Your agreement and Your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions You enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
  13. Copyright and Licenses: This Website and the entire contents contained on this Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of TWS. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of TWS.
  14. License: TWS grants You a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for Your personal use and not to download or modify it, or any portion of it, except with the express written consent of TWS. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit, or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of TWS. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. TWS authorizes You to view and download the information and materials available on this Website only for Your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and (c) You must not transfer the materials to any other person unless You give them notice of, and they agree to accept, the obligations arising under these Terms & Conditions.
  15. Disclaimer of Warranty/Limitation of Liability: THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY TWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TWS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TWS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TWS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. TWS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, TWS SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
  16. Applicable Law: By visiting the Website, You agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between You and TWS.
  17. Disputes: You agree and consent to the exclusive jurisdiction of the state or federal courts located in Wilmington, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that TWS may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Website or these Terms & Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
  18. Breach of Agreement and Liquidated Damages: You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for TWS to pursue legal action to enforce these Terms & Conditions, You will be liable to pay TWS the following amounts as liquidated damages, which You accept as reasonable estimates of TWS’s damages for the specified breaches of these Terms & Conditions:
    • a. If You post Content in violation of these Terms & Conditions, You agree to promptly pay TWS One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms & Conditions. TWS may (but shall not be required to) to issue You a warning before assessing damages.
    • b. If You display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of these Terms & Conditions, You agree to pay Ten Thousand Dollars ($10,000).
    • c. If You use computer programming routines that are intended to aggregate records or reviews from the Website or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged, or otherwise affected by You.
    • d. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by TWS, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms & Conditions, TWS reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms & Conditions, or any combination thereof.
  19. Notice: You agree that TWS may communicate any notices to You under these Terms & Conditions, through electronic mail, regular mail, or posting the notices on the Website. All notices to TWS will be provided by either sending: (i) an email to hello@shopthewonder.com; or (ii) a letter, first class certified mail, to The Wonder Shop, LLC, 22 N. Front St., Wilmington, NC 28401. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
  20. Indemnification: You agree to indemnify, defend, and hold harmless TWS, its officers, directors, owners, partners, employees, agents, licensors, suppliers, and any third party information provider to the Website from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by You and/or Your use and access of the Website.
  21. Other Provisions
    • a. TWS’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
    • b. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
    • c. TWS may assign its rights and duties under these Terms & Conditions to any party at any time without notice to You.
    • d. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
    • e. Use of this Website is void where prohibited.
  22. Entire Agreement: These Terms & Conditions govern Your use of the Website and constitutes the entire agreement between You and TWS. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and TWS regarding the subject matter contained in these Terms & Conditions. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to TWS under these Terms & Conditions.