Terms and Conditions

Last Updated: December 31, 2024

1. Introduction

This page states the Terms and Conditions under which you, the website visitor ("You"), may use this website, which is owned and operated by Wiedamark, LLC ("Wiedamark," "WDM," "we," "us," or "our"), including wiedamark.com and any other websites or mobile applications we own or control (collectively, the "Wiedamark Websites"). These Terms and Conditions govern your use of these Wiedamark Websites, and any purchases of Wiedamark products (the "Products") made through the Wiedamark Websites.

Please read this page carefully. By using this website, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use the Wiedamark Websites. We reserve the right to change these Terms and Conditions at any time, and you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Wiedamark Websites shall be subject to these Terms and Conditions.

2. Your Use of Wiedamark Websites

You may be required to create an account with Wiedamark in order to access certain services or areas of the Wiedamark Websites. Our Privacy Policy explains how we protect and use your information. You certify that any content you provide on or through the Wiedamark Websites is accurate and that the information you provide on or through the Wiedamark Websites is complete.

You are solely responsible for maintaining the confidentiality and security of your account including username and password. Wiedamark is not responsible for any losses arising out of the unauthorized use of your account. You agree that Wiedamark does not have any responsibility if you lose or share access to your device.

Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Wiedamark Websites. You agree that Wiedamark is not a party to any such agreement, nor is Wiedamark responsible for the content, accuracy, or unavailability of any method used for payment.

Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Wiedamark Websites or any portion of the Wiedamark Websites, and (2) charge, modify, or waive any fees required to use any services, functionality, or other content available through the Wiedamark Websites or any portion of the Wiedamark Websites.

3. Use of Site Material and Trademarks

The contents of this website, such as text, graphics, images, and other content (the "Site Material"), are protected by copyright under both United States and foreign laws. The names, marks, and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by Wiedamark, LLC. The use of these marks, except as provided in these Terms and Conditions, is prohibited.

Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose.

In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.

4. Your Conduct on the Website

By accessing the Wiedamark Websites, you agree to the following rules of conduct. You agree and warrant that you shall not distribute, submit, or publish any content:

• That is known by you to be false, inaccurate, or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• That is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation.

You understand the Wiedamark Websites are available for your personal, non-commercial use only, and you agree not to use the Wiedamark Websites for commercial activities or sales. You agree not to use the Wiedamark Websites in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden, or impair the Wiedamark Websites.

You will not attempt to interfere in any way with Wiedamark's site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes computer viruses, worms, or other potentially damaging computer programs or files.

You are prohibited from violating or attempting to violate the security of the Wiedamark Websites, including, without limitation:

• Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
• Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Wiedamark Websites, overloading, "flooding," "mailbombing," or "crashing";
• Sending unsolicited e-mail, including promotions and/or advertising of products or services;
• Reverse engineering, reconstructing, copying, preparing derivative works, or otherwise imitating the Wiedamark Websites.

Wiedamark reserves the right to immediately terminate your account and remove any violating posts or user-generated content without further notice in the event that, in its judgment, you violate these Terms and Conditions.

5. User Submissions

Wiedamark welcomes your comments on our website and products. However, you acknowledge that if you send us creative suggestions, ideas, pictures, notes, drawings, concepts, inventions, or other information, the submission(s) shall be deemed, and shall remain, Wiedamark's property. Any submissions you submit will be treated as non-confidential.

You agree that Wiedamark assumes no obligation to (1) return the submission and/or materials submitted by you, (2) compensate you in any way for the use of the submission in accordance with the intentions specified herein, (3) proceed with negotiations of any kind respecting the submission, or (4) furnish you with any information respecting the results of Wiedamark's evaluation or its reasons for not proceeding further.

As a user of this website, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Wiedamark reserves the right to expel users and prevent their further access to this website for violating these terms or the law and reserves the right to remove any communications from this Site.

6. Order Process

Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to Wiedamark, you authorize us to use the card as a payment method for purchases made through your account. You further authorize our payment processor to store and process the card information as a payment method for future transactions. All billing information you provide must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and Conditions and may result in cancellation of your order.

Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Wiedamark reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by the credit card payment processor's credit and fraud avoidance department. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

Wiedamark reserves the right, including without prior notice, to limit the quantity of Products purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.

Pricing Information / Availability / Errors

Wiedamark cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Wiedamark Websites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Wiedamark reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice.

7. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Wiedamark Websites. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. Please contact us for specific shipping information and delivery estimates for your order.

8. Returns

For any questions or concerns related to returns, please contact us directly. We will guide you through the return process and provide you with the necessary instructions and assistance. Please email us at info@wiedamark.com or call us at (972) 650-1855.

10. Limited Warranty

Products purchased from Wiedamark are subject to our manufacturer warranties as applicable. Please contact us for specific warranty information regarding your product. Warranty information will be provided with your order where applicable.

11. Limitation of Liability

Although Wiedamark strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Wiedamark makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using the website. Your use of the website and its material is at your own risk.

Wiedamark does not warrant that the Wiedamark Websites will operate error-free or that the Wiedamark Websites and their servers are free of computer viruses or other harmful material. If your use of the Wiedamark Websites or the Site Materials results in the need for servicing or replacing equipment or data, Wiedamark shall not be responsible for those costs.

IN NO EVENT SHALL WIEDAMARK, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WIEDAMARK WEBSITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THE WIEDAMARK WEBSITES OR SITES LINKED TO THE WIEDAMARK WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WIEDAMARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnity

By using this website, you agree to defend, indemnify, and hold harmless Wiedamark, its affiliated companies, and their respective officers, directors, employees, and agents, from and against any and all losses, claims, damages, costs, and expenses (including reasonable legal and accounting fees) that Wiedamark may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. Wiedamark reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.

13. Disputes

These Terms and Conditions will be governed by and construed under the laws of the United States and the State of Texas, without regard to conflicts of law principles.

You agree to submit to the jurisdiction of the courts situated in the State of Texas with respect to any dispute, disagreement, or cause of action related to or involving this website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our website, these Terms and Conditions constitute the entire agreement between you and Wiedamark with respect to your use of this website.

14. Links

This website contains links to websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Wiedamark of the contents on those other sites. Wiedamark is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this website, you do so at your own risk.

15. Miscellaneous

Wiedamark does not claim that the materials on this website are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.