Terms & Conditions
Welcome to YesWigs.com!
YesWigs.com, Inc. (“Company” or “we”) may provide its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any YesWigs.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. YesWigs.com reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, YesWigs.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by YesWigs.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by YesWigs.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by YesWigs.com in advance. YesWigs.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if YesWigs.com believes that customer conduct violates applicable law or is harmful to YesWigs.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. YesWigs.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and YesWigs.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify YesWigs.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. After registering, you will receive our newsletters with information about sales, coupons, and special promotions. You can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logged in. Default Subscription for Newsletter for Registered Users.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide YesWigs.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to YesWigs.com without charge and YesWigs.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of YesWigs.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by YesWigs.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. YesWigs.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant YesWigs.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by YesWigs.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead YesWigs.com or third parties as to the origin of any Submissions or Content. YesWigs.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of YesWigs.com (collectively, "Content"), belongs exclusively to YesWigs.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by YesWigs.com, without YesWigs.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on YesWigs.com as well as the use of YesWigs.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to YesWigs.com. You may not use YesWigs.com's Content or Compilation in any manner that disparages or discredits YesWigs.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of YesWigs.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by YesWigs.com. Violators will be prosecuted to the full extent of the law.
YesWigs.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to YesWigs.com and are the sole property of the copyright or trademark holders. Our products are inspired by celebrity style and are our recreations of item's worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of YesWigs.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that YesWigs.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to sales@YesWigs.com
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, YesWigs.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and YesWigs.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY YesWigs.COM ON AN "AS IS" BASIS. YESWIGS.COM MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YesWigs.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. YESWIGS.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YESWIGS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO,INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YESWIGS COM's TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO YESWIGS.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO YESWIGS.COM'S LIABILITY.
Please note that there may be certain orders that we are unable to accept and must cancel. YesWigs.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
While YesWigs.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. YesWigs.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, YesWigs.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, YesWigs.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by YesWigs.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to YesWigs.com, excluding shipping.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Governing Law; Arbitration
The terms of this Terms of Service are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING SENTENCES SHALL NOT APPLY TO DISPUTES RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Terms of Service. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Terms of Service will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
You agree that YesWigs.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that YesWigs.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that YesWigs.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of YesWigs.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by YesWigs.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.