Wilson Case Terms & Conditions
This website is owned and operated by Wilson Case, Inc., located at 113 Road 3168, Hastings, NE 68901. The Wilson Case website, applications, and all of its materials, including, but not limited to, software or HTML code, scripts, files (including CAD files), text, artwork, graphics, photographs, designs, video, audio, logos, printed materials and any other materials that appear as part of this website (collectively, “Content”) are owned, controlled or licensed by, or to, Wilson Case, and are protected by U.S. copyright, patent, trade dress, trademark, and other laws, as well as international laws and treaties. No right, title, or interest in the Content is conveyed to you.
In using our Services, Content is provided to you under a limited license and may be used for personal, non-commercial, and informational purposes only. The limited license granted to you is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Services or any of the Content, without Wilson Case’s express written permission; (b) you may not systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; and (c) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized use of the Content is strictly prohibited.
Wilson Case’s trademarks are an important asset of Wilson Case, and as such, Wilson Case will not tolerate any unauthorized use of its trademarks, including use in page content, hidden text, metatag keywords, or in search engine tags or links. Wilson Case will enforce its intellectual property rights to the fullest extent of the law.
You shall not post, transmit, redistribute, upload, or promote any communications, User Generated Content, or materials that contain (a) corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain any unsolicited advertising, promotional materials or other forms of solicitation to other users; (d) impersonate any person, business or entity; encourage conduct that would constitute a criminal offense; (e) give rise to civil liability; or (f) otherwise violates any law or amounts to any conduct that, in the judgment of Wilson Case, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services. If Wilson Case determines, at its sole discretion, that you’ve failed to comply with any of our policies or terms and conditions, Wilson Case may deny you access to its Services.
ONLINE ADS AND WEBSITE SALES:
Although we strive to have all online advertising and wilsoncase.com sales be current and accurate- errors may take place. The wilsoncase.com pricing will take precedence. Should a discrepancy be found and a guest wishes to inquire, please Contact Us.
Should it be discovered that a product on wilsoncase.com has been priced incorrectly due to human error, technical glitch, or incorrect information from a supplier, Wilson Case has the right to refuse or cancel any orders for such products. Wilson Case has the right to refuse or cancel any order even if your order has been confirmed or if your credit card has been charged. A refund of the incorrect price will be refunded to your credit card should your card have already been charged.
Wilson Case also has the right to refuse and cancel any orders for shipping errors due to: third-party software error, human error, technical glitches, or customer selection errors.
Wilson Case reserves the right, at its sole discretion, to cancel or refuse parts of an order, or an order in its entirety, for any reason, or no reason at all. Customers will be notified of any such order cancellations.
Unless otherwise agreed to, or required by applicable law, any warranties provided only extend to you on the understanding that you are a user and not a reseller of the products purchased. Please review our Warranty Policy for more information.
While we make every effort to ensure that items on wilsoncase.com are available, we can’t guarantee that all items are in stock or immediately available. Should we discover a purchased product is out-of-stock the customer will be notified only if the delay will extend beyond the normal handling & processing period. Wilson Case reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
USER GENERATED CONTENT
The Wilson Case website/mobile applications may permit you to voluntarily submit comments, text, photographs, videos or other material (“User-Generated Content”). By submitting User-Generated Content, you grant to Wilson Case an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit such content in whole or in part, in any form, media or technology for any purpose including, advertising, promotion, entertainment or commercial purpose without any payment to or further authorization from you. Wilson Case may request your affirmative consent to use your User-Generated Content, such as replying to our Facebook post with “agree”. You affirm, represent, and warrant to Wilson Case that: (i) your User-Generated Content is original; (ii) you own all right, title and interest and have the sole and exclusive right to license all of the rights therein to Wilson Case; (iii) use of your User-Generated Content on the Services or otherwise by Wilson Case, in whole or in part, will not infringe upon the rights of any third party, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted in your User-Generated Content.
You are prohibited from customizing any product to include anything that you do not have a legal right to use (i.e., logos, images, slogans/phrases, icons, or any other trademarked property). Wilson Case reserves the right to ask for proof of ownership or to deny any request for customization that is believed to be illegally used by the customer. You are also prohibited from customizing any product with anything deemed defamatory, obscene, inflammatory, profane, seditious, threatening, or otherwise unlawful or offensive. Furthermore, Wilson Case reserves the right to deny any request for customization, for any reason, or no reason at all.
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
Wilson Case reserves the right to restrict or terminate, for any reason, user accounts for wilsoncase.com.
DISCLAIMER; LIMITATION OF LIABILITY
The Services and all information, content, materials, and products thereof, are provided to you on an “as is” and “as available” basis, unless otherwise specified in writing. Given the unpredictability of technology and the online environment, Wilson Case does not guarantee that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to the website and user of the Services, you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website, and you agree that access is undertaken solely at your own risk. Wilson Case shall not be liable for damages of any kind related to your use of, or inability to access, this website. In no event will Wilson Case, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, that result from your use or inability to use the Services, any websites or applications linked to the Services, any content of the Services, any services or items obtained or purchased through the Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
ARBITRATION AND CLASS ACTION WAIVER
GOVERNING LAW & JURISDICTION
Although we will make every effort to respond quickly to applicable email messages and form submissions, wilsoncase.com is under no obligation to respond to all pieces of correspondence received through this website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding wilsoncase.com, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Wilson Case through wilsoncase.com or its mobile applications shall become and remain the property of Wilson Case. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Effective Date: January, 2021