Terms

The Wing Website Terms & Conditions // Privacy Policy
Last modified: July 14, 2017

These Terms and Conditions and Privacy Policy (collectively, the “Terms”) govern your use of The Wing’s website (the “Website”) and the types of information we may collect from you or that you may provide when you visit the Website, apply for membership with The Wing or purchase retail items (“Products”) from the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information. The Website is designed to allow users to communicate with and learn more about Refresh Club, Inc. (d/b/a ‘The Wing’) (“The Wing” or “we” or “us” or “ours”) and to apply for membership with and purchase Products from The Wing. By using the Website, you agree that you have read, understood, and agree to be bound by these Terms. These Terms applies to anyone (including members, visitors, users, and others) who access the Website.


Policy Changes

Changes or modifications may be made to these Terms as new services and content are added to the Website to reflect changes in The Wing’s business model and services. These Terms may be revised at any time by updating this posting and if any material changes are made, by providing email notice to you. By using the Website, you agree to be bound by any such changes or modifications. Users of the Website are encouraged to check these Terms 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 or modifications to these Terms will indicate your acceptance of those changes. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Wing without restriction.


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.

If you apply for membership with The Wing or purchase Products through the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.


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 obtained from online transactions, including any membership application or payment or any purchase of Products. Additionally, 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. You acknowledge that you provide your personal information at your own risk.

The Wing may use the information provided by you to contact you with important information, required notices, events and presentations at our premises, 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 at [email protected]


Automatically Collected Information

The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows The Wing to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.


Security Statement

The Wing makes every effort to ensure that all of the transactions that occur on the Website are secure. All credit card numbers and transactions are encrypted by our third-party payment processors, Square and Shopify. The Wing is concerned about safeguarding the confidentiality of your information. The Wing provides physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. 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.


What is a Secure Connection?

When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// to https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the Website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.


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 apply for membership or purchase Products available for sale on the Website, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
  • 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 experience.

You can help The Wing maintain the accuracy of your personal information by updating your account. Please update this information when you change your email address, and as applicable, address, phone number, or payment information.

The Wing reserves the right to refuse service or terminate membership accounts, remove or edit content, or cancel orders, at its sole discretion.


Purchase of Membership and Products

If you purchase a membership with The Wing or any Product from the Website, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions).

You agree to provide your payment information at the time you purchase or renew your membership or order any Product on the Website. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by The Wing. Our payment page is powered by our third-party payment processors, Square and Shopify. The information provided to Square and Shopify is governed by Square and Shopify’s respective Terms of Services and Privacy Policies located at https://squareup.com/legal/ua; https://squareup.com/legal/privacy and https://www.shopify.com/legal/terms; https://www.shopify.com/legal/privacy. The Wing is not responsible for the performance of Square and Shopify.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes on your membership, and taxes, shipping or carriage of the Products as such costs are specified by us on the Website when you submit your order.

Purchase of a membership must be for your personal use only. Transfer of membership to other persons is prohibited. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

Cancellation or Suspension of Membership. The Wing’s membership, cancellation and suspension policies are set forth in its Membership Terms and Conditions, which are made available to all applicants for membership that have been accepted to The Wing. Except as provided in the Membership Terms and Conditions, all memberships are non-refundable unless otherwise specified in writing by the Wing. 

Returns and Refunds. Except for any products designated on the Website as non-returnable or “final sale”, Products that are unworn, unwashed or defective may be returned within fourteen (14) days of the date you receive the Products. Products can be returned to The Wing only if you purchased the Products on the Website or at a physical location of The Wing. To return a Product, you must e-mail us at [email protected] If you bought a Product at another online seller or any retail store, you must seek to return where the Product was originally purchased.

You must return qualifying Products to us in their original or equivalent packaging, along with their included accessories and packaging, valid proof of purchase. You are responsible for all shipping and handling charges on returned items unless otherwise specified, and you bear the risk of loss for returning or exchanging Products. The Wing is not responsible for Products that are returned without following our instructions, or are lost, damaged, modified or otherwise processed for disposal or resale. At The Wing’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing, or missing parts. Your refunded amount will be made based upon the original payment method. Shipping charges are not refundable.

Shipments; Delivery; Title and Risk of Loss. The Wing will arrange for shipment of the products to you. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier (such as FedEx, UPS, or USPS). Shipping and delivery dates are estimates only and cannot be guaranteed. The Wing is not liable for any delays in shipments, and you are not eligible for a refund of any Product ordered by you as a result of a shipping delay.


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 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.


Social Media

The Company will not tolerate certain social media conduct by users of the Website, whether indirectly or directly targeting or relating to The Wing, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that The Wing feels that you have breached this paragraph, The Wing reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding The Wing or any of The Wing’s officers, directors, employees, personnel, agents, policies, services or products or other members, The Wing may immediately terminate your membership or use of this Website and reserves its full legal rights to pursue legal damages against you.


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. The Wing reserves all rights not expressly granted in these Terms and the Website.


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. The Wing does 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. This Website is not available to any users previously removed from the Website by The Wing, for any reason.


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 NOT 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.

The Website is controlled and operated by facilities in the United States. The Wing makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.


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, including for the avoidance of doubt, the social media use policy, 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.


Arbitration

For any dispute with The Wing, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that The Wing has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in New York, New York, unless you and The Wing agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing The Wing from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES OR WEBSITE FOR PERSONAL, COMMERICAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE WING AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE WING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with any amendments and any additional agreements you may enter into with The Wing in connection with the Website, shall constitute the entire agreement between you and The Wing concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Jury Trial waiver, the entire arbitration agreement shall be unenforceable. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Wing’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.


Feedback

Please contact us at [email protected] with any questions regarding these Terms.

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