These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether WVShop.com signs them or not. We reserve the right to make changes to this site and these Conditions at any time. It is the customer's responsibility to know our current Terms & Conditions regardless whether you are notified of changes or not. If you continue to use the Services after we change the Terms, you accept all changes.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption techniques and firewall technology. We do not store any credit card information on our website. We use Authorize.Net for credit card transactions. Authorize.Net, Gooogle Checkout, and Paypal are responsible for keeping your credit card information secure and maintaining PCI compliance with respect to transaction processing.
To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the WVShop.com site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. We may share your information for marketing purposes with other websites owned by our parent company, Young At Heart, LLC, but we will NEVER knowingly provide your information to a third party for any reason.
We use "cookies" to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
Privacy on Other Web Sites
Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
Shipping and Returns
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, WVShop.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WVShop.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card for the appropriate amount.
Registration and Access Control
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
Copyright & Legal
WVShop.com respects intellectual property rights. If you believe any of our content infringes your copyright, please contact us immediately to resolve the issue.
Site Access & Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
You will defend, indemnify, and hold harmless WVShop.com, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, "Young At Heart, LLC") with respect to all claims, costs (including attorney's fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). CBS Interactive retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim without WVShop.com or Young At Heart, LLC's prior written approval.
Disclaimers & Limitation of Liability
THE WVSHOP.COM PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES, FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE WVSHOP.COM PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED ,AS IS,AS AVAILABLE, AND WITH ALL FAULTS.
THE WVSHOP.COM PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE WVSHOP.COM PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE WVSHOP.COM PARTIES' LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO WVSHOP.COM IN THE 30 DAYS PRECEEDING THE CLAIM.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE WVSHOP.COM PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE WVSHOP.COM PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Kentucky. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Louisville, Kentucky. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within 30 days after such claim or action accrued. Otherwise, you will waive the claim or action.
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration. Arbitration hearings will be held in Louisville, Kentucky. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
If you arrange to pay by check (must be pre-arranged) or if you pay by eCheck and the check is returned for any reason, you are subject to a $35 Returned Check fee.
SCAMMERS READ THIS
UNDER NO CIRCUMSTANCES will we honor claims of "empty" packages arriving as a result of someone attempting to gain items for free. We invested a lot of time into making sure our internal procedures are thorough and complete, leaving no loopholes for mistakes. Our shipments are handled by two people to ensure the accuracy of orders. Packaging such as postal service packaging (flat rate packaging, Tyvek envelopes, poly envelopes) as well as FedEx packaging is practically impossible to open without destroying it. The same two people are the owners of this site and while it's possible for us to make a mistake and ship the wrong size or color item or something of that nature (although that has never happened yet), we DO NOT SHIP EMPTY PACKAGES. If you receive a package that has been opened, you should not accept it or you should report it to the carrier (Post Office, UPS, etc) immediately.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.