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.
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.
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.
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 email@example.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.
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.
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.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
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: firstname.lastname@example.org
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.