Welcome to What Goes Around Comes Around (WGACA) website: WhatGoesAroundNYC.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
Registration
You may establish an account on WhatGoesAroundNYC.com. At a minimum, registration requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in WGACA’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
You shall not use your WGACA account for any purpose competitive to WGACA. You will notify WGACA immediately by emailing help@whatgoesaroundnyc.com of any unauthorized use of your account or WhatGoesAroundNYC.com, whether by you or a third party.
You may cancel your WGACA account at any time by contacting WGACA customer support as specified on the “Contact Us” page on WhatGoesAroundNYC.com. WGACA may terminate your account and refuse any and all current or future use of any WGACA Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that WGACA determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if WGACA determines, in its sole discretion, that you are using your WGACA account in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as WGACA deems appropriate in its sole discretion.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Site Content
WGACA and other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of What Goes Around Comes Around. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Content"). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. WGACA and third party content providers also own copyrights in the content original to it.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote What Goes Around Comes Around's products and services available in the United States. The Site is controlled and operated by WGACA LLC.
User Comments, Feedback, and Other Submissions
What Goes Around Comes Around is pleased to hear from users and welcomes your comments regarding our products and services. WGACA's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by WGACA's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that WGACA may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to WGACA. WGACA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. WGACA has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead WGACA or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. WGACA takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Sites
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy and Security" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
Copyright Complaints
WGACA respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address:
WhatGoesAroundNYC.com
ATTN: Copyright Infringement
812 Jersey Avenue 8th Floor
Jersey City, NJ 07310
Product Information
Many products displayed on the Site are available in What Goes Around Comes Around stores. The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of WGACA. WGACA has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
Disclaimer
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. WGACA expressly disclaims any duty to update or revise the materials on the Site, although WGACA may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. WGACA shall not be liable for any damages of any kind related to your use of the Site.
Indemnification
You agree to defend, indemnify and hold WGACA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and WGACA agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to WhatGoesAroundNYC.com Attn: Legal Department, 812 Jersey Avenue, 8th Floor, Jersey City, NJ 07310 (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and WGACA agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Termination
These terms are effective unless and until terminated by either you or WGACA You may terminate this Agreement at any time. WGACA also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
