The Site is a platform through which certain merchants (“Merchants”) sell vouchers; products; services; goods; gift cards; experiences, sell goods and services directly to you (“Merchant Offerings”), make available coupons, promotional codes, giveaways, samples, and offers for software downloads (“Coupons”), and sell dining experiences for specific dates and times (collectively, “Merchant Offerings”).
Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.
In addition, the Site also provides a platform through which you can purchase products from Wish Alerts (“Products”) and participate in other available programs.
Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in Wish Alerts’ sole discretion, without notice.
2. Ownership of the Site
3. Use of site
As a condition of your use of the Site, you agree that:
You have reached the age of majority in the state or province in which you reside;
4. Access to the Site
Wish Alerts retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Conduct
7. What Can be Sold on Wish Alerts
Wish Alerts is a unique global marketplace. Everything listed for sale on Wish Alerts must be a good or service that matches pre-set categories and sub-categories. You are using your own photographs-- not stock photos, artistic renderings, or photos used by other Merchants or sites. If you are selling Custom Items, you agree that: All custom item listings are available for purchase. Each custom listing has a set price. If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.
8. Representing Yourself, and Your Offerings Honestly, and at the Best Possible Value
One of Wish Alerts’ core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on Wish Alerts, you agree that you will:
Provide honest, accurate information in your Profile & Merchant Profile should you choose to complete it. Honor your merchant policies should you choose to publish them. Accurately represent your items in offerings and listing photos.
Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can notify Wish Alerts. Not create duplicate Merchant accounts. Merchants must not offer items or survives for sale at the same price that they offer elsewhere. Merchant’s using the Wish Alerts’ site, must offer the best possible value, and lower than offered or advertised elsewhere.
9. Communicating with Other Wish Alerts Members
Messaging: You can use Wish Alerts Messaging to communicate directly with your buyers or other Wish Alerts members. Messaging is a great way for buyers to ask you questions about an item or an order.
Messaging may not be used for the following activities:
Sending unsolicited advertising or promotions, requests for donations, or spam;
Harassing or abusing another member; Contacting someone after they have explicitly asked you not to; or Interfering with a transaction or the business of another member.
Interference. Interference occurs when a member intentionally interferes with another member’s shop in order to drive away business. Interference is strictly prohibited on Wish Alerts. Examples of interference include: Contacting another member via Wish Alerts Messaging to warn them away from a member, shop, or item
Posting in public areas to demonstrate or discuss a dispute with another member
Purchasing from a Merchant for the sole purpose of leaving a negative review.
Harassment: Any use of Wish Alerts Messaging to harass other members is strictly prohibited. Similarly, Messaging may not be used to support or glorify hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation. If you receive a Message that violates this policy, please contact us right away.
You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Wish Alerts-related communications or for Wish Alerts-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any Wish Alerts member to your email or physical mailing list or store or misuse any payment information.
11. Building a Positive Reputation Through our Reviews System
Reviews are a great way for you to build a reputation on Wish Alerts. Buyers can leave a review including a one to five-star rating and a photograph of their purchase. On the rare occasion, you receive an unfavorable review, you can reach out to the buyer or leave a response.
Reviews and your response to reviews may not: Contain private information;
Contain obscene, racist, or harassing language or imagery; Contain medical drug claims; Contain advertising or spam; Be about things outside the Merchant’s control, such as a shipping carrier, Wish Alerts or a third party; or Undermine the integrity of the Reviews system.
Extortion is not allowed on Wish Alerts. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Wish Alerts. Extortion includes when a Merchant offers a buyer additional goods, services, or compensation in exchange for a positive review.
Shilling is strictly prohibited on Wish Alerts. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a Merchant look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.
14. Providing Great Customer Service
We expect our Merchants to provide a high level of customer service. By selling on Wish Alerts, you agree to:
Honor your shipping and processing times. Merchants are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
15. Respond to Messages in a timely manner.
Honor the commitments you make in your Merchant Profile Policies
Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our staff can help through our reporting system. If you are unable to complete an order, you must notify the buyer and cancel the order.
16. Responding to Requests for Cancellations, Returns, and Exchanges
Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.
If you are unable to complete a transaction, you must notify the buyer via Wish Alerts Messaging and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
You may cancel a transaction under the following circumstances:
The buyer did not pay. (The Merchant may flag a buyer for a payment not received, chargeback, or canceled payment.) Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund. You have decided to refuse service to the buyer, and if the buyer has already paid, you have issued a full refund, including shipping. The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item.
Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item.
18. Wish Alerts’ Reporting System
We ask buyers to contact a Merchant directly and attempt to resolve any outstanding issues before opening a case on Wish Alerts. For this reason, it is important that you fill out your merchant policies and regularly respond to Messaging from your buyers. Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within seven days. A Non-Delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of Non-Delivery cases: An item was never sent.
An item was sent to an address that is not on the Wish Alerts receipt. There is no proof that the item was shipped to the buyer’s address. An item is Not as Described if it is materially different from the your listing description or your photos. The following are examples of Not as Described cases: The item received is a different color, model, version, or size than is shown in the photo or described in the listing. The item has a different design or material.
The item was advertised as authentic but is not authentic. You failed to disclose the fact that an item is damaged or is missing parts. A buyer purchased three items but only received two. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used. Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met: The item(s) were ordered for a specific date or event. A deadline was agreed upon by the buyer and Merchant. The item(s) are rendered useless after that date.
19. What Can't be Sold on Wish Alerts
Prohibited items; services; items that violate intellectual property rights,
are not allowed to be sold on Wish Alerts.
a. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims
Alcohol and drugs are prohibited on Wish Alerts. These substances face serious legal restrictions and in many cases, are considered controlled substances under applicable law. Our policy also applies to other substances that have or claim to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of Wish Alerts and we therefore do not allow them.
More Details: The following are examples of items that may not be sold on Wish Alerts:
Alcohol and Tobacco products; E-cigarettes and E-liquid, including all forms of vaporizers and smokeables and their components (such as atomizers, drip tips, and e-cigarette batteries). Drugs and certain intoxicating substances including substances used for recreational and medicinal purposes, regardless of their legality
drug paraphernalia including for example, items with a carburetor; slides and/or items with a slide; bongs and bubblers; and vaporizers (including electronic cigarettes); Medical drugs or listings that contain medical drug claims. Medical Drug claims are statements that claim a causal relationship between a substance and the prevention, healing, or treatment of a physical condition or disease. A listing must not make such claims in the presentation of an item, including the title, description, tags, or images in the listing. Exceptions include; home brew kits; baked goods containing alcohol; tobacco pipes; hookahs;
b. Animals and Certain Animal Products
Certain animal products are highly regulated and due to the risk of harm to live, companion, or endangered animals, are not in in the spirit of Wish Alerts. More Details: The following are examples of animal products that may not be sold on Wish Alerts: Live Animals. Items derived from or created using any animal species designated as threatened or endangered by the Us Endangered Species Act, including the following animals and all subspecies: Alligator; Bear; Cheetah; Chimpanzee; Chinchilla; Elkhorn and Staghorn Coral; Cougar; Eagle; Elephant; Gorilla; Jaguar; Lemur; Leopard; Lion; Lynx; Monkey; Ocelot; Rhinoceros; Seal; Sea-lion; Tiger; Wallaby; Whale; Zebra
Items made from cat and dog parts or pelts as defined by US Federal Law;
Ivory or bones from ivory-producing animals such as whales or elephants are also prohibited, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory. Items made from human remains, except for teeth and hair. Exceptions include leather goods; non-ivory animal bones and antlers such as carvings or jewelry made from such items.
c. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous. More details: Hazardous Materials; Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on Wish Alerts. While not exhaustive, the following materials are examples of prohibited hazardous materials: Explosives (fireworks or sparklers); Flammable items (including liquids or loose matches); Gases; Radioactive material; Toxic substances (such as poisons) Recalled Items or Items that Present Unreasonable Risk of Harm; Items that have been recalled by governments or manufacturers are prohibited from being sold on Wish Alerts. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs; Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items. Weapons: Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on Wish Alerts: Guns, knives, or other blatant weapons (even if they are vintage) Imitation weapons that look real or are prohibited by US law. Exceptions include culinary knives; tools; letter openers; harmless toys.
d. Hate Items: Items that Promote, Support, or Glorify Hatred
We want Wish Alerts to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history. More Details: Wish Alerts does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.
e. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
We respect the law and expect Wish Alerts sellers to respect the law as well.
More Details: Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on Wish Alerts. Neither are certain items that are subject to complex legal regulations or registration systems. Because Wish Alerts is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.
Internationally Regulated Items
Our marketplace provides a direct connection between buyers and sellers around the world. That means that when you enter into a transaction across international borders, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location. More Details: In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programs prohibit dealing with certain designated persons and targeted countries. Because Wish Alerts is a US-based company, all members who buy and sell on Wish Alerts are subject to these restrictions, even if they live outside the United States. For example, this includes restrictions on: Transactions involving the countries of Cuba, Iran, Sudan and Syria, or involving any individual or organization located in those countries; Transactions involving any item of Cuban or Syrian origin; Transactions involving Cuban nationals; Imports from North Korea; Transactions involving jadeite or rubies from Burma (Myanmar);Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List; Wish Alerts’ policies prohibit our members worldwide from engaging in any transaction that would violate OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each seller and buyer to ensure that he or she is familiar with—and compliant with—OFAC regulations. Wish Alerts members can consult the OFAC website for complete information about the various sanctions programs administered by the US Department of the Treasury. In addition, Wish Alerts members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas. Finally, Wish Alerts members should be aware that third-party payment processors, such as Stripe, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Wish Alerts has no authority or control over the independent decision-making of these providers.
Pornography and Mature Content
We tend to be liberal about what we allow on Wish Alerts, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you understand that there are differing sensibilities around the world and that you try to be respectful. More Details: Pornography of any sort is prohibited on Wish Alerts, whereas mature content is restricted. Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content. We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images, and explicit types or representations of taxidermy. Mature content must be properly identified as such. Not all nudity is considered mature, and examples of non-mature nudity are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.
When deciding whether mature content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.
Violent Items: Items that Promote, Support, or Glorify Violence
We want Wish Alerts to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others. More Details: We do not allow Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others; Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers Items that attempt to exploit natural disasters or human tragedies; Items that encourage, glorify, or celebrate acts of violence against individuals or groups
Items that encourage self-mutilation, starvation, or other self-harm.
20. Wish Alerts Intellectual Property Policy
Wish Alerts adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.
Notices of Intellectual Property Infringement
Wish Alerts strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Wish Alerts removes or disables access in response to a notice, Wish Alerts makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Wish Alerts may also provide a copy of the notice to the allegedly infringing party.
If Wish Alerts receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Wish Alerts of this action. Wish Alerts sends a copy of the counter notice to the original complaining party.
Wish Alerts terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Wish Alerts’ discretion.
21. Wish Alerts Fees & Payments Policy
Users and Merchants may be charged for using some of Wish Alerts’ services. Users or Merchants may be required to pay the following types of fees:
Account Verification Fee:
To create or claim a Merchant account, a one-time account verification fee of $25 USD will be charged. This does not apply to Merchant’s whom register during a promotional 90-day trial period where no verification fee will be assessed.
Monthly Membership Fees:
User accounts are free for the first year, and $5 per month thereafter the expiry of the free annual trial period. (12 months). Users may pay the fee with accumulated points. Merchants have a free no obligation 90-day trial period after which they may select a monthly account based upon service package of either $5, $10, or $25. Users or Merchants may cancel at any time.
When you make a sale through Wish Alerts, you will be charged a transaction fee of 2.9% of the item price plus 30 cents. This percentage does not apply to the shipping cost or tax. Transaction fees are split automatically between Stripe, Wish Alerts, and the Wish Alerts’ Merchant when the customer pays. In the event of a refund or charge back, the respective fees will be reversed in the above ratios.
If you purchase an ad (which we call a Promoted Offerings) through Wish Alerts, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad. You will be able to determine a daily advertising budget, and Wish Alerts will not charge you more than your daily budget.
The merchant must determine shipping fees between the merchant and the customer directly. Wish Alerts is not party to, or involved, in shipping.
Digital VAT (Value-Added Tax) Fees
Under European Union law, when you sell a digital item that is downloaded automatically to a buyer living in the EU, VAT (a value-added tax) must also collected based upon the rate that is charged in the country where the buyer is located. Wish Alerts will not automatically increase the amount charged to the buyer of the digital item to collect the correct amount of VAT, and Wish Alerts will not remit the VAT to the tax authorities. The amount will depend on the buyer’s country of residence. Merchant must charge and pay VAT to respective authority.
All fees are in US Dollars. If you list items in a currency other than US Dollars, your item price will be converted to US Dollars solely for purposes of calculating the transaction fee. To avoid incurring foreign exchange charges, Wish Alerts recommends you list your items in the same currency as your bank account. Buyers will see the items in the currency of their choosing.
Any action by a Merchant to avoid paying a fee is considered fee avoidance and is strictly prohibited by Wish Alerts. This includes, for example, encouraging buyers to purchase an item on your Wish Alerts profile or Suggested Offers through another venue. The price stated in each listing description must be an accurate representation of the sale. Merchants may not charge excessive shipping fees. Merchants may not alter the item's price after a sale for the purpose of avoiding Wish Alerts transaction fees, misrepresent the item’s location, or use another user's account without permission.
Paying for your Wish Alerts Account
Merchants may pay their Wish Alerts bill manually by credit card, debit card, or Stripe. US Merchants may also enroll in Auto Billing, (if offered) Wish Alerts’ automatic bill payment option.
Merchants are responsible for collecting and paying any taxes associated with using and making sales through Wish Alerts’ services.
22. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF Wish Alerts, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Wish Alerts HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
23. Limitation of Liability
24. Electronic Communications
When you use the Site, or send emails to Wish Alerts, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
25. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Wish Alerts from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
27. Force Majeure
29. Entire Agreement
30. Choice of Law
Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
Arbitration. You and Wish Alerts agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Wish Alerts are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Delaware; (ii) you and Wish Alerts irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Wish Alerts agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Wish Alerts agree to waive any right to a trial by jury.
(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) Severability. With the exception of Section posited above, if any part of this Section is ruled to be unenforceable, then the balance of this Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section posited above is ruled to be unenforceable, then applicable Section shall be deemed unenforceable, but the rest shall remain in full effect.
31. Additional Disclosures
32. You are contracting with Wish Alerts, Inc. Correspondence should be directed to:
Wish Alerts, Inc., 300 Delaware Avenue, Suite 210-A, Wilmington, DE 19801.