- By using this Site or Services, you agree to the Arbitration Notice and Class Action Waiver, which provides: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- RULES OF CONDUCT.
- As a condition to your use of the Site and/or Services, you agree that you will not post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- As a condition to your use of the Site and/or Services, you agree that you will not post any information which is untrue, inaccurate or not your own;
- As a condition to your use of the Site and/or Services, you agree that you will not engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- As a condition to your use of the Site and/or Services, you agree that you will not attempting to interfere in any way with the Site or Services, The Wheel’s network security, or attempt to use the Site to gain unauthorized access to any other computer system; and
- As a condition to your use of the Site and/or Services, you agree that you will not, you agree that you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you agree to not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web Site. You may not resell use of, or access to, the Site to any third party without the prior written consent of The Wheel.
- AVAILABILITY. The Wheel does not guarantee that any Content or Services made available on the Site will remain or continue to be available on the Site. The Wheel may, at its sole and absolute discretion, remove, edit, or modify any Content, at any time, without notice to you, and for any reason it determines.
- A. Users may purchase product(s) or Services available on the Site (“Transaction”), upon which users will be asked to supply certain information relevant to the Transaction including, but not limited to, credit card number, the expiration date of the credit card, the user’s billing address, and shipping information. Any user that enters into a Transaction on the Site represents and warrants that he/she has the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, the user grants The Wheel the right to provide such information to third parties for purposes of facilitating the completion of the purchase. Verification of information may be required prior to the acknowledgment or completion of any purchase.
- B. All Content and/or Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. The Wheel reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or Service.
- BILLING AND RECURRING BILLING
- The user that enters into a Transaction for Paid Services agrees that the terms of payment for the Transaction are based upon the agreements between the user and his/her respective financial institution, credit card issuer, or other provider. If The Wheel does not receive payment for the Transaction for Paid Services through the Processor, the user agrees to pay all amounts due on by the user for any Paid Services.
- Any user that enters into a Transaction must provide current, complete, and accurate information for the user’s billing account on the Site. The user must promptly update all information to keep the billing account current, complete, and accurate. The user must notify The Wheel of any potential breach of security, such as the unauthorized use of any payment device, or the unauthorized disclosure or use of the user’s username or password. Changes to such information must be made at the Site. If the user fails to provide such updated information for any Transaction, whether a single transaction or a reoccurring transaction, the user agrees that The Wheel may continue to charge the user for any Services purchased unless the user has Terminated his/her account.
- All sales are final with no refunds, returns or exchanges.
- Items purchased from The Wheel are all final sale with no refunds, returns or exchanges.
- In the event of a refund, The Wheel is only responsible to return funds either back to the original form of purchase or as store credit. No cash refunds are allowed.
- PRODUCT INFORMATION; LIMITATION ON QUANTITIES. Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which The Wheel may correct without liability. The Wheel also reserves the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). The Wheel does not guarantee that all products described on the Site will be available.
- GENERAL DISCLAIMERS. You assume all responsibility and risk with respect to your use of the Site. THE Site, AND ALL CONTENT, MERCHANDISE, PAID SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE WHEEL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Wheel makes no warranties of any kind regarding any non-The Wheel Site to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and The Wheel makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-The Wheel Site. The Wheel does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.
- TAXES. Your total price for Paid Services will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. The Wheel will charge tax only in states where the goods sold over the internet are taxable.
- LIMITATION OF LIABILITY. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF THE WHEEL, IN NO EVENT SHALL THE WHEEL, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, ASSIGNS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE Site OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE Site, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF THE WHEEL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF THE WHEEL, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE WHEEL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE EXCEED THE AMOUNT YOU PAID TO THE WHEEL IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all Content, Paid Services, and merchandise available through the Site.
- INTERNATIONAL USE. The Wheel controls and operates the Site from the United States. The Wheel makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- RISK OF LOSS. Any merchandise purchased from Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to the carrier and you upon The Wheel’s delivery to the carrier.
- DISPUTES; ARBITRATION.
- YOU AND THE WHEEL AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Wheel agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- CONTACT. You may contact The Wheel at [email protected]
- EMAIL COMMUNICATION. By filling out a The Wheel profile, *including filling out any person information*, you opt in to The Wheel occasionally sending you newsletters and emails regarding special offers, promotions, features and/or product updates as well as general marketing emails. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. *Note, however, that as a user of our Services* you cannot opt-out of some administrative communications that are reasonably necessary to the Services, such as billing, *subscription,* or service notifications. You may also opt-out of certain targeted advertising by emailing [email protected]
- Purchase Disclaimer (Knives, Axes, Cigars, Alcohol)
YOU MUST BE 18 OR OLDER TO ORDER KNIVES, AXES, FROM THEWHEEL.COM AND YOU MUST BE 21 OR OLDER TO PURCHASE ALCOHOL FROM THEWHEEL.COM
The Wheel sells knives, axes, cigars, alcohol and related merchandise (collectively, the "Merchandise") only to individuals who can legally purchase and own such items in the particular jurisdiction where they reside. Your purchase of The Wheel Merchandise, whether in person, by telephone, by mail, by fax, or over the Internet, legally binds you and your heirs, assigns, transferees, and personal representatives as follows:
RELEASE, ASSUMPTION OF RISK, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
When you order and purchase Merchandise from The Wheel, you represent that you are of legal age to purchase the Merchandise ordered and that the Merchandise can be purchased and owned in your country, state, county, and/or city of residence. By offering Merchandise for sale, The Wheel does not represent or warrant that any specific purchaser may legally purchase, own, or possess the Merchandise ordered. CHECK YOUR LOCAL LAWS! Knives and related The Wheel Merchandise may be dangerous, even deadly, if used improperly, negligently, and/or illegally. When you purchase Merchandise from The Wheel, you agree that you will use the purchased Merchandise in a safe and legal manner, consistent with all applicable laws, recognized safety rules, and good common sense. You further agree that you will train and supervise minors in the use of The Wheel Merchandise and that you will take such steps as may be reasonably necessary or required by applicable law to keep The Wheel Merchandise out of the hands of minors and untrained and/ or immature individuals. When you purchase Merchandise from The Wheel, you agree to assume all risks related to and/or arising from your ownership and use of the Merchandise and agree to indemnify and hold The Wheel harmless from any and all claims brought by any person or entity against The Wheel related to and/or arising from your ownership and/or use of the Merchandise.