THE WHEEL WEBSITE TERMS OF USE

Welcome to The Wheel!  WGI, LLC. (“The Wheel” or “Company”) is the developer and operator of the website www.TheWheel.com. Please read these Terms of Use fully and carefully before using the Site and the services, features, content, applications, or products (collectively, the “Services”) offered by The Wheel. These Terms of Use create a legally binding agreement for your use of the Site. These Terms of Service include all “Content,” which includes, but is not limited to information, data, text, photographs, videos, audio clips, software, scripts, written posts and comments, graphics, and interactive features provided for use or otherwise accessible for the Services on the Site.

1. ACCEPTANCE OF TERMS OF USE.

1. By registering and/or using the Services on the Site in any manner, including, accessing, visiting, browsing or using this Site, you acknowledge and agree that you are at least 18 years old or older, and a person that has not been suspended or removed by The Wheel for any reason. If you are a minor under 18 years old, you must obtain consent of your parent or legal guardian to use the Site. By using the Site, you acknowledge and agree that you have read, understood, and agree to these Terms of Use, and all other operating rules, policies, and procedures published on the Site by The Wheel.  Please note that portions of the Site, such as the wheels for knives, cigars and alcohol, have specific age requirements as set forth below in paragraph 24.
2. The Wheel reserves the right to revise these Terms of Use at any time without notice to you. Your use of the Site and Services constitutes your acceptance to these Terms of Use and any changes or modifications to such. The Wheel may change, suspend, discontinue, add, supplement, or modify any aspect of the Site, Services, or Content without notice to you.
3. Your use of these Terms of Use is a further agreement to The Wheel Privacy Policy, (the “Privacy Policy”), which is incorporated herein by reference.
4. 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.

2. USE LICENSE. Subject to these Terms of Use, we grant you a personal, limited, non-transferable, and non-exclusive license to use the Site, and access the Content, but solely for the purposes of using the Services. You may not otherwise copy, modify, or distribute the contents of the Site without the prior written consent of The Wheel. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the Content found on the Site, in whole or in part. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site, and are responsible for the consequences of such communications. Any other use of the Site, Services, or Content requires the prior written consent of The Wheel.
3. RULES OF CONDUCT.

1. 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;
2. 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;
3. 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;
4. As a condition to your use of the Site and/or Services, you agree that you will not attempt 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
5. As a condition to your use of the Site and/or Services, 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.
6. The Wheel reserves the right to read, access, maintain, preserve, and/or disclose any information that it believes is necessary to comply with any law, regulation, lawsuit, or governmental request, or to enforce these Terms of Use, or to detect, prevent, or otherwise remedy and fraud, security, or technical issues, or to protect the rights, property, and/or safety of The Wheel, other users of the Site and/or Services, and the public.

4. 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.
5. REGISTRATION AND PASSWORDS.  To sign up for the Services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You may not select or use as a username the name of another person with the intent to impersonate that person, or use such name that infringes on any right of The Wheel or any third party, and further, such username shall not be offensive, vulgar, or obscene. You are solely responsible for any activity or purchases made through your registration. You may not use another person’s or entity’s account or registration information for the Services without written authorization from such person and The Wheel. You must notify us of any change in your eligibility to use the Site or the Services. You should not publish or cause to be published, or distribute registration login information. The Wheel reserves the right to suspend, terminate, and/or delete your account or registration at any time for any violation of these Terms of Use, without notice to you.
6. NOTICE OF CONTENT OWNERSHIP. The Services contain Content that may be provided by The Wheel, its partners, affiliates, subsidiaries, or other third parties, and such Content is protected by trademarks, copyrights, service marks, trade secrets, patents, and/or other proprietary rights and law. You may not use such Content in any matter that infringes upon any right of The Wheel or any other third party. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. The Wheel and The Wheel logo are registered trademarks. All other trademarks are the property of their respective owners. All of the Site's Content is copyrighted by WGI, LLC. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by The Wheel.
7. TRANSACTIONS.

1. 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, the user’s age (for certain products) 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.
2. 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.

8. BILLING AND RECURRING BILLING

1. Some of the Services offered on the Site, including the purchase of any products, whether on a one-time basis, or on a reoccurring basis, may be subject to payments now or in the future (the “Paid Services”). Any disclosures provided to you during the sign up stage on the Websites, or during a Transaction are incorporated into these Terms of Use by reference.
2. For any Paid Services, The Wheel uses a third-party processor (“Processor”) to bill you through a payment account connected to a user’s registration account (“Billing Account”). The processing of payments will be subject to these Terms of Use, as well as all terms, conditions, and privacy notices of the Processor. The Wheel is not responsible for errors or mistakes by the Processor. By entering into a Transaction for Paid Services, the user that he/she is entering into a binding contract with The Wheel and agrees to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges, and the user agrees to authorize The Wheel to process such payments through the Processor. In addition, you remain responsible for any taxes that may be applicable to your Transactions. While not obligated to do so, The Wheel may correct any errors by the Processor even if it has requested or received payment.
3. 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.
4. 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.
5. The Wheel reserves the right to revoke a user at any time as a result of violation of these Terms of Use or the Privacy Policy.
6. All sales are final with no refunds, returns or exchanges.
7. Certain sales may be subject to the terms and conditions of our business partners with whom we join to offer products on The Wheel.
8. 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.

9. 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.
10. CONTRIBUTED CONTENT GUIDELINES. By submitting or posting any materials, comments or content on the Site, you grant The Wheel a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant The Wheel the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Wheel will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. All contributed content is subject to these Terms of Use, which include The Wheel’s policy regarding copyright infringement. The Wheel reserves the right not to post your for any reason as determined in the sole and absolute discretion of The Wheel.
11. 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.
12. 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.
13. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend The Wheel, its parent, subsidiaries, divisions, and affiliates, employees, assigns, and their respective officers, directors, employees, agents, assigns, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, the Products sold on the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.
14. 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.
15. 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.
16. 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.
17. WAIVER; REMEDIES. The failure of The Wheel to partially or fully exercise any rights or the waiver of The Wheel of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by The Wheel or be deemed a waiver by The Wheel of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of The Wheel under these Terms of Use and any other applicable agreement between you and The Wheel shall be cumulative, and the exercise of any such right or remedy shall not limit The Wheel’s right to exercise any other right or remedy.
18. GOVERNING LAW. The laws of the State of California shall govern these Terms of Use without regard to conflict of laws provisions.
19. DISPUTES; ARBITRATION.

1. Any dispute relating in any way to your visit to, or use of the Site to the products you purchase through the Site, or to your relationship to The Wheel shall be submitted to confidential arbitration in Los Angeles, CA; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, or other jurisdiction as determined by The Wheel. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.
2. 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.

20. HEADINGS. The Section and paragraph headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.
21. CONTACT. You may contact The Wheel at [email protected].
22. SMS AND AUTO DIALED CALLS. By filling out a The Wheel profile, you expressly request to receive information, via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to *purchase goods The Wheel offers*. SMS messages will consist of marketing-related deals, customer information updates and cart abandon reminders. Standard text message rates and cellular data charges apply. You may opt-out by replying “STOP” to any message you receive, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword ‘HELP’ for more assistance, or you can get help directly at (844) 413-7017. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency is recurring. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy or SMS terms, please read our privacy policy: https://www.thewheel.com/privacy
23. EMAIL COMMUNICATION. By filling out a The Wheel profile, including filling out any personal 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].
24. Purchase Disclaimer (Knives, Axes, Cigars, Alcohol)
    YOU MUST BE 18 OR OLDER TO ORDER KNIVES, AXES AND SIMILAR PRODUCTS FROM THEWHEEL.COM AND YOU MUST BE 21 OR OLDER TO PURCHASE ALCOHOL OR TOBACCO FROM THEWHEEL.COM
    The Wheel sells knives, axes, cigars, alcohol, tobacco 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.
25. EFFECTIVE DATE OF TERMS OF USE: October 13, 2021.