TERMS OF USE

Please read these policies, terms and conditions carefully before using this website (the “Site”). By using this Site, you indicate your agreement to the terms and conditions set forth below. Fonestak, Wabbitt, LLC. has established the following guidelines to ensure an enjoyable shopping experience for all customers, and to identify the benefits of, and conditions to, your use of the Site. If you are not willing to be bound by these terms and conditions, please do not use this Site.

Additional terms and conditions applicable to specific services purchased via this Site are covered separately in the Terms of Service document available on this Site.

Use of Site

You acknowledge that this Site contains information, communications, software, photos, text, video, graphics, icons, logos, music, sounds, images and other material and services (collectively “Content”), and that such Content is provided by Fonestak, Wabbitt, LLC., and/or by licensors of Fonestak, Wabbitt, LLC, (The term “Fonestak, Wabbitt, LLC,” as used herein, includes all subsidiaries and affiliates, or d/b/a’s of Fonestak, Wabbitt, LLC) You agree and acknowledge that, even though Fonestak, Wabbitt, LLC. permits access to the Content, the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively “Rights”); that these Rights are valid and protected in all media now existing or later developed; and that except as specifically provided in these terms and conditions, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

User Conduct

Your use of the Site is subject to applicable local, state, federal and international law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site (including by use of any merchandise or services offered on or in connection with the Site) any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site.

In addition to Fonestak, Wabbitt, LLC’s. rights and the rights of its licensors in individual elements of the Content, Fonestak, Wabbitt, LLC. owns copyrights in the selection, coordination, arrangement and/or enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of Fonestak, Wabbitt, LLC.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Fonestak, Wabbitt, LLC, NOR ANY OF IT’S [ITS] EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. NO LIABILITY SHALL ATTACH TO Fonestak, Wabbitt, LLC, FOR ERRORS CONTAINED WITHIN THIS SITE, INCLUDING ACCIDENTALLY MISQUOTED RATES AND TERMS OF SERVICE.

(B) THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. Fonestak, Wabbitt, LLC DOES NOT WARRANT THAT DEFECTS HAVE BEEN CORRECTED OR WILL BE CORRECTED, NOR DOES IT MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS IN THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE TOTAL EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE EXCLUSIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT Fonestak, Wabbitt, LLC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL Fonestak, Wabbitt, LLC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Fonestak, Wabbitt, LLC. OR THE Fonestak, Wabbitt, LLC, SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Fonestak, Wabbitt, LLC. NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION OR PRODUCT CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER Fonestak, Wabbitt, LLC. NOR ITS INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. YOU EXPRESSLY AGREE THAT Fonestak, Wabbitt, LLC. SHALL NOT BE LIABLE FOR ANY DELAYS, MISDELIVERIES OR DAMAGE CAUSED BY, IN WHOLE OR IN PART, THE CONDUCT OF THE U.S. POSTAL SERVICE OR OTHER CARRIER. ADDITIONALLY, IN CONNECTION WITH THE SITE, Fonestak, Wabbitt, LLC. WILL PARTNER, OR CREATE STRATEGIC ALLIANCES, WITH THIRD PARTY PROVIDERS WHICH MAY INCLUDE, AMONG OTHER THINGS, MAGAZINE COMPANIES, RETAILERS PROVIDING GIFT CERTIFICATES, AND THE LIKE, AND YOU ACKNOWLEDGE THAT Fonestak, Wabbitt, LLC. SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT OR FAILURE OF SUCH THIRD PARTY PROVIDER, NOTWITHSTANDING ITS PACKAGING WITH, OR ASSOCIATION WITH, THE CONTENT OR PRODUCT PROVIDED BY Fonestak, Wabbitt, LLC. ON THE SITE.

(F) YOU WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO USE THE SITE. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY PURCHASE(S) YOU PLACE ON OR IN CONNECTION WITH THE SITE. THE SITE AND/OR THE CONTENT ON THE SITE MAY NOT BE SUITABLE FOR ALL VISITORS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS CONCERNING YOUR ACCESS TO AND/OR USE OF SUCH PORTION(S) OF THE SITE AND/OR THE CONTENT, INCLUDING ANY INTERNAL RULES REGARDING YOUR ACCESS TO AND/OR USE OF THE SITE (E.G. ANY APPLICABLE RULES AND/OR POLICIES OF YOUR EMPLOYER OR INTERNET SERVICE PROVIDER). YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO, AND BE BOUND BY, THESE TERMS AND CONDITIONS.

(G) THE SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT Fonestak, Wabbitt, LLC. IS NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.

(H) SMS OPT- IN: you agree that, if you have provided a phone number, from time to time the Company or any of its service providers may send SMS messages to the number provided. Standard messaging rates apply. SMS OP-IN will not be shared with any third parties.