Terms of Use

PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE -- BY SHOPPING AT OR USING THEWOODENWAGON.COM, YOU AGREE TO THESE TERMS OF USE. This document (hereafter referred to as "TOU") is intended to be an electronic contract governed by the Electronic Signatures Act, and by accessing this site you are providing your electronic signature demonstrating your acceptance of these terms. If you do not accept each and every term and condition you must exit this site. If you enter this website, you have assented to, agreed to and are legally bound by each and every term and condition set forth below.

The TOU comprises the entire agreement between Frost and Frost Holdings LLC, dba The Wooden Wagon ("The Wooden Wagon" or "TheWoodenWagon.com" or "us" or "we"),  and authorized user ("user" or "you") superseding any prior agreements between you and The Wooden Wagon with respect to its subject matter. If you do not agree to any condition or policy posted on TheWoodenWagon.com, you may not purchase products from this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time and without prior notification, and by accepting this Agreement, you agree to be bound to such modifications.

The Wooden Wagon may make periodic changes to its Terms of Use without prior notice. You agree to review the TOU periodically to be aware of such changes. If these changes are unacceptable to you, you must terminate your use of this site. Your continued use of TheWoodenWagon.com following the effective date of any such changes to the TOU constitutes your acceptance of these changes.

Electronic Communications
When you visit TheWoodenWagon.com or send us e-mails, you consent to receive electronic communications from us by e-mail or notices posted on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy and Use of Customer Information
The Wooden Wagon in the normal course of business maintains and updates its databases of customer information. By requesting to join the Mailing List of The Wooden Wagon, or by creating an account with TheWoodenWagon.com, or by ordering goods and services from The Wooden Wagon, you agree to allow The Wooden Wagon to use any personal information you provide for e-mail campaigns, catalog mailings, and other marketing uses of The Wooden Wagon, unless you opt out or otherwise notify The Wooden Wagon of your desire to terminate this agreement. The Wooden Wagon will not sell, loan, exhange or otherwise distribute such information as is gathered in the normal course of business to any third party. However, such information gathered (whether included in a database or maintained as an individual record) remains the property of The Wooden Wagon and not its individual owners, and the right to use such information may be transferred to new owners as the property of The Wooden Wagon in the event that the business is sold or otherwise transferred.

Copyright & Trademarks
All content included on this site, such as text, graphics, logos, button icons, images, design compilation, interfaces, organization, audio clips, digital downloads, data compilations, software and other matters related to this site ("Content"), is the property of TheWoodenWagon.com © 2005. All rights reserved. Such Content of The Wooden Wagon and its software suppliers is protected by applicable United States and international copyright laws, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any such matters or any part of the site, except as allowed below, is strictly prohibited. All other trademarks not owned by The Wooden Wagon that appear on this site are the property of their respective owners.

Limited License & Site Access
You are granted only a limited, non-exclusive license for your own personal use only to view, electronically print or download any content from this site for the sole purpose of placing an order with TheWoodenWagon.com. This license does not allow any resale, republication, distribution, sublicense or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents. No portion of this site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TheWoodenWagon.com. No downloading or copying of account information for the benefit of another merchant; use of data mining, robots, or similar data gathering and extraction tools, or incorporation of any content into any information retrieval system is allowed. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TheWoodenWagon.com so long as the link does not portray TheWoodenWagon.com or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images, page layout or form) of ours. You may not use any meta tags or any other "hidden text" utilizing any of our trade names or trademarks without our consent in writing. You may not use TheWoodenWagon.com logo or other proprietary graphic or content as part of the link without our express written permission.

You acknowledge the following: (i) TheWoodenWagon.com permits access to Content that is protected by copyrights, trademarks, and other intellectual property and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the TOU, applicable copyright and other laws govern your use of Content. TheWoodenWagon.com grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. Nothing on this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdication, and that you have the legal capacity to enter into this agreement. TheWoodenWagon.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Payment for Goods & for Applicable Taxes
You represent and warrant that (i) the credit card information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay all charges that you incur at the prices posted including all applicable taxes and shipping charges.

Risk of Loss
All items purchased from TheWoodenWagon.com are made pursuant to a shipment contract in which the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.

Product Descriptions & Availability
TheWoodenWagon.com attempts to be as accurate as possible in the description and representation of the products we sell. However, we do not warrant that product descriptions or other content of this site is 100% accurate, complete, reliable, current, or error-free. The Wooden Wagon does not make any representations or warranties as to the usefulness, completeness or accuracy of the Content of this website. User idemnifies The Wooden Wagon against any liability arising out of user's reliance on the completeness or accuracy of any such Content. You idemnify The Wooden Wagon against all liability arising out of its action or inaction with regard to the Content or changes thereof within thewoodenwagon.com. If you believe a product sold by The Wooden Wagon is not as described, your sole remedy is to return it in unused and resaleable condition within the time period set forth in our Returns policy.

Orders
Your receipt of an e-mail order confirmation does not constitute acceptance of your order. We reserve the right, without prior notification, to limit the order quantity on any item and / or to refuse service to any customer. Verification of information may be required prior to acceptance of any order.

Disclaimer of Warranties & Limitation of Liability
THE INFORMATION, PRODUCTS, SERVICES & MATERIALS PROVIDED THROUGH THIS SITE ARE PROVIDED BY THEWOODENWAGON.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIUMUM EXTENT ALLOWED BY LAW, THEWOODENWAGON.COM DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM US RELATING TO THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ThHEWOODENWAGON.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES. UNDER ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAY FOR GOODS OR SERVICES PURCHASED THROUGH OUR SITE.

Content of External Sites
TheWoodenWagon.com may from time to time provide through hypertext links or other means redirection to external websites. The Wooden Wagon does not warranty and is not responsible for the content of these external sites. User idemnifies The Wooden Wagon against all liability for any use of these external sites.

Applicable Law & Dispute Resolution
By visiting TheWoodenWagon.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and TheWoodenWagon.com.

STATUTE OF LIMITATIONS
Any cause of action brought by you against TheWoodenWagon.com must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

ENTIRE AGREEMENT & SEVERABILITY
This Agreement constitutes the entire and only agreement between you and TheWoodenWagon.com and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to our site, its contents, goods and services provided, and the subject matter of this Agreement. To the extent that anything related to this site is in conflict or inconsistent with this Agreement, this Agreement shall control. If any of these conditions or policies of TheWoodenWagon.com shall be deemed invalid, void, or for any reason unenforceable, that condition or policy shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.