Terms & Conditions // Privacy Policy

These Terms and Conditions and Privacy Policy (collectively, the “Terms”) govern your use of The Wing’s website (the “Website”). The Website is designed to allow users to communicate with and learn more about Refresh Club, Inc. (d/b/a ‘The Wing’) (“The Wing”).

General Statement on Privacy, Personal Data, and Communications

When you visit the Website or communicate with The Wing by signing up with your email, you are communicating electronically. You consent to receive communications from The Wing electronically. The Wing will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that The Wing provides electronically satisfy any legal requirement that such communications be in writing.

User Provided Information

The Wing does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to The Wing by you. Personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by The Wing must be voluntarily submitted by you.

The Wing may use the information provided by you to contact you with important information, required notices, and marketing promotions. You may always choose to opt-out of any of these notices (other than those required by applicable law, rule or regulation) by selecting to do so at the bottom of each email you receive from us or by emailing us directly.

Security Statement

The Wing makes every effort to ensure that all of the transactions that occur on the Website are secure. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Cookies

A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.

Like many other websites and applications, the Website uses cookies to obtain certain types of information. The Wing reserves the right to use cookies in the future in conjunction with new content or expanded functionality.

If you are concerned about the use of cookies, you can explore your web browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

How Information is Used

The following are examples of how The Wing might use the personal information collected through the Website:

  • If you indicate that you are interested in receiving The Wing related news and information, you may
 receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Website:

  • Aggregate data could be analyzed to describe the collective characteristics and behaviors of online
visitors, and subsequently be used to further optimize the effectiveness of the Website and the overall
 The Wing experience.
Links/Third Party Websites

The Wing has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third party website and/or app may contain the The Wing logo, please understand that it is independent from The Wing, and that The Wing has no control over the content of that website and/or app. Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with The Wing.

Linking to the Website 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Intellectual Property Rights

The trademarks and trade dress of The Wing are proprietary to The Wing and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, The Wing. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of The Wing, is strictly prohibited.

You acknowledge that The Wing and/or third party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. The Wing may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this Website or on or through any of its features/register on the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Not Authorized To Perform Data Mining

You are not authorized without the prior written permission of The Wing to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.

Not Authorized To Use This Website For Commercial Purposes

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on any of The Wing’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any The Wing products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, The Wing’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use The Wing’s material will automatically terminate and any copies made of The Wing’s material must be immediately destroyed.

Any unauthorized use of The Wing’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WITH REGARD TO THE WEBSITE, THE WING AND THE THIRD PARTY LICENSORS AND AGENTS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE WEBSITE. THE WING HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE WING AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE WEBSITE OR ANY MATERIALS ON THE WEBSITE. THE WING SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS ON THE WEBSITE OR THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WING AND THE THIRD PARTY LICENSOR AND AGENTS DO NO WARRANT THAT (A) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS ON THE WEBSITE AND THE WEBSITE WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ON THE WEBSITE ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE WING AND THE THIRD PARTY LICENSORS AND AGENTS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE MATERIALS ON THE WEBSITE. THE WING AND THE THIRD PARTY LICENSORS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE.

Limitation of Liability

THE WING AND ANY THIRD PARTY LICENSEORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE WEBSITE, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE WEBSITE. IN NO EVENT SHALL THE WING OR ITS THIRD PARTY LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE MADE AVAILABLE FROM THE WEBSITE, EVEN IF THE WING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE WING SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.

Indemnity

You hereby agree to defend, indemnify and hold The Wing and any third party licensors and agents harmless from, and you covenant not to sue The Wing or any third party licensors and agents for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of these Terms, or (c) your use of the Website.

Choice of Law

The Website and your use hereof is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.

Policy Changes

Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in The Wing’s policies. These Terms may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.

Acceptance of Terms

By using the Website, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these Terms will indicate your acceptance of those changes.