TERMS OF USE

Copyright Information

The Pelican Pen, LLC, dba The Wildwood (“The Wildwood”), is the owner of The Wildwood brand. The Wildwood owns www.TheWildwood.shop ("the Site"). The Wildwood owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). The Content and Code of the Site is protected by copyright. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement from The Wildwood. You may not use the Content or Code from the Site for any purpose other than those set forth above. All names, logos and trademarks which appear on the Site are the property of The Wildwood or are used by The Wildwood under license. You may not use any of the foregoing for any purpose without the prior express written permission of The Wildwood. Your failure to comply with these Terms of Use will constitute breach of contract and will violate The Wildwood’s copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of this website with the sole intent of placing an order with The Wildwood or for keeping store location, hours or phone number information. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from The Wildwood is strictly prohibited.

Use of the Site

These Terms of Use govern the Site. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. Unless otherwise referenced herein, any reference to "The Wildwood" shall include The Pelican Pen and all of its affiliates. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and The Wildwood asks that you do not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

The Wildwood may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.

You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. The Wildwood may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in The Wildwood’s sole discretion you fail to comply with any provision of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between The Wildwood and you as a result of this Agreement or your use of the Site.

The failure of The Wildwood to exercise or enforce any right, or provision of these Terms of Use, shall not constitute a waiver of such right or provision.

No License

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of The Wildwood, its affiliates or any third party.

Product and Pricing Information

The information on this Site does not constitute a binding offer to sell products described on the Site. The Wildwood reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Although The Wildwood has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and The Wildwood cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. The Wildwood is not responsible for typographical errors regarding price or any other matter. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.

Disclaimers and Limitations of Liability

The Wildwood publishes information on its Site as a convenience to its visitors. While The Wildwood attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. The Wildwood reserves the right to make corrections and changes to the Site at any time without notice. The Wildwood products described on the Site may not be available in your region. The Wildwood does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

The Wildwood operates this Site from the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You assume all responsibility and risk with respect to their use of the Site. The Wildwood disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. The Wildwood does not warrant that the Site is free of computer viruses, bugs or other harmful components. The Wildwood does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. The Wildwood does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. The Wildwood does not have any duty to update the Site or modify their Content or Code, and The Wildwood shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.

The Wildwood makes no warranties of any kind regarding any non-The Wildwood websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and The Wildwood makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-The Wildwood sites.

IN NO EVENT SHALL THE WILDWOOD, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

The Wildwood reserves the right to withdraw access to the Site or to revise the services and products described in the Site at any time without notice.

Additional Disclaimer

THE WILDWOOD DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE INFORMATION POSTED, DISCLOSED, OR ACCESSED BY VISITORS TO THIS SITE. THE USE OF ANY SUCH INFORMATION SHALL BE AT THE USER'S SOLE RISK. IN NO EVENT SHALL THE WILDWOOD BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless The Wildwood and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Wildwood reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Wildwood in the defense of such matter.

Severability

If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Disputes

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to confidential arbitration in Denver, Colorado. Any claim or cause of action you may have with respect to The Wildwood or the Site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any The Wildwood Intellectual Property right, The Wildwood may seek injunctive or other appropriate relief in any state or federal court in Denver, Colorado. You consent to exclusive jurisdiction and venue Denver, Colorado. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Entire Agreement and Admissibility

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and The Wildwood with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Changes to the Terms

The Wildwood may at any time revise these Terms by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms which apply to your use of the Site.