Terms & Conditions of Use

ACCEPTANCE - You agree to the Terms and Conditions with respect to your use of the Site. These Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site, the content, products or services provided by or through the Site, and the subject matter of these Terms and Conditions. These Terms and Conditions may be amended by us at any time and from time to time without any notice to you; provided, that, we will use reasonable efforts to notify you of any material updates to these Terms and Conditions, including by posting a notice on the Site or by email to your address on file with us. You continued use of the Site after any changes or updates are made to these Terms and Conditions will constitute your agreement to and acceptance of such changes or updates.  If you do not agree to such changes or updates, you must stop using the Site.

CONTENT - The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials and matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights including, but not limited to, intellectual property rights, and are the sole and exclusive property of Branch Basics. The copying, reproduction, redistribution, modification, use or publication by you of any such material or any part of the Site, except as allowed by Section 4 hereof, is strictly prohibited. In addition, you are prohibited from sharing any such materials that are downloaded from the Site with any third parties for any purpose whatsoever.  You do not acquire ownership rights to any content, document or other materials utilized or viewed through your interaction with the Site. The posting of information or materials on the Site does not constitute a waiver of any of our rights in such information and materials.

ACCOUNT - By creating an account through the Site, you confirm that the information provided is true and that you agree to abide by these Terms and Conditions. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided to Branch Basics, the Terms and Conditions have been violated, or other abuses have occurred as determined by Branch Basics in its sole and absolute discretion. You are solely responsible for keeping your account information current and up-to-date.  You are also solely responsible for maintaining the confidentiality of your account login credentials and for all activity occurring on your account.  You may not transfer or permit the use of your account by others and must notify us immediately you become aware of anyone that has gained unauthorized access to your account.  We reserve the right in our sole discretion to suspend or terminate your account or to restrict access to the Site at any time if it suspects that you have not complied with these Terms and Conditions or for any other reasons that we determine in good faith are necessary to protect the integrity of the Site, avoid harm to Branch Basics or prevent a violation of law.

LIMITED RIGHT TO USE - The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. No part of any content, form or document may be reproduced or shared in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale, redistribution or any other commercial use).

NO ADVICE OR RECOMMENDATIONS - The information on the Site, including its content, is made available for general informational purposes only. It should not be construed as any form of professional advice (or substitute for it) that is specific to your individual circumstances. 

SITE MODIFICATIONS - We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Site, including these Terms and Conditions, without further notice to users of the Site. In addition, we may, in our sole discretion, remove or modify features or functionality of the Site and its content without notice to you.

USE OF INFORMATION - We reserve the right, and you authorize us, to use any and all information related to your use of and/or interaction with the Site, as well as any information provided by you in any manner consistent with our Privacy Policy.

PRIVACY POLICY - Our Privacy Policy, as it may change from time to time, is a part of these Terms and Conditions.

PAYMENTS - You represent and warrant that if you are purchasing something from us that (a) any credit card or payment information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. All charges are non-refundable. We do not accept reseller or sales and use tax exemption certificates for online sales.

LINKS TO OTHER WEBSITES - The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on or by such websites, and such sites are not investigated, monitored or checked for accuracy or completeness by Branch Basics. Such third parties sites may be subject to separate terms and conditions.  Inclusion of any linked website on our Site does not imply approval or endorsement of the linked site by Branch Basics. If you decide to leave our Site and access any such third-party site, you do so at your own risk.

SUBMISSIONS - All suggestions, ideas, notes, concepts, product reviews and/or other information you may from time to time send or otherwise provide to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidentiality on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.  To the extent are deemed to retain any rights in any Submissions you provide, you hereby grant us an exclusive, worldwide, transferable, sublicenseable license and right to use such Submissions for any purpose and hereby specifically authorize us to post, share and publish such information for marketing, promotional and other purposes.

RETURN POLICY - Our Return Policy is a part of these Terms and Conditions.

VERIFICATION - If you create an account on the Site, we reserve the right to contact you via email to verify the accuracy of your account information (including your correct name and address) that is needed to provide you with any information you might request from Branch Basics.

ORDER MODIFICATION/REJECTION - Branch Basics reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address provided at check out. If your credit card has already been charged and any portion of your order is rejected, we will issue a credit to your credit card account for the amount rejected.

SMS TEXT MESSAGING - If you elect to receive marketing text messages from Branch Basics, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. The following terms and conditions apply to any Text Messages you elect to receive:

• Text Messages may include shopping cart “abandon” messages.
• Message frequency will vary.
• This service is optional and is not a condition for purchase.
• You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us.
• For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co. 
• In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
• If your carrier does not permit SMS messages, you may not receive the Text Messages.  Neither we nor any wireless carrier (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.
• Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
• If you change or deactivate the phone number you provided in order to receive Text Messages from us, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe via the above procedures.

DISCLAIMER OF WARRANTIES - Our site and the content, services and materials available through it are available "As is" and “as available.” we do not warrant that our site or any of the content, services or materials available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in content, materials or services available through our site. We make no representations or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on our site or services available through it. We reserve the right to correct any errors or omissions in our site. If you rely on our site and any content, materials or services available through it, you do so entirely at your own risk. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other malicious code to our site, we do not guarantee or warrant that our site, or services or materials that may be available through our site, are free from destructive features. We are not liable for any damages or harm attributable to those features.

LIMITATION OF LIABILITY – Branch basics and its officers, directors, employees and agents (collectively, the “branch basic entities”) are not liable for any claim of any nature whatsoever based on loss or injury arising our of or relating to (I) errors, omissions, interruptions or inaccuracies in our site (ii) any content, services or materials available through our site, or (iii) your breach of any provision of Under no circumstances will the branch basic entities be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including for lost revenues or profits, loss of business or loss of data (even if the branch basic entities have been made aware of the possibility of those damages), arising out of or in connection with (a) your use of our site, (b) your use of content, materials or services available through our site, or (c) these terms and conditions, regardless of the theory of liability, whether tort (including negligence), contract or any other legal or equitable theory. Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.

INDEMNIFICATION - You agree to indemnify the Branch Basic Entities against all liabilities, losses, damages and costs (including reasonable attorneys' fees and court costs) that the Branch Basic Entities may incur based on claims arising out of (i) your violation of these Terms and Conditions, (ii) any allegation that any materials that you make available through our Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (iii) your violation of any rights of any customer or any other third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

GENERAL – (A) These Terms and Conditions (including the items incorporated herein) constitute the entire agreement between you and Branch Basics relating to its subject matter and, except as otherwise provided in this these Terms and Conditions, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Branch Basics relating to that subject matter.

 

(B) These Terms are governed by the laws of the State of [____________] applicable to agreements made and completely performed there, unless doing so would lead to the applicable of the laws of another jurisdiction. You irrevocably agree to bring any claim or dispute relating to or arising from your use of our Site and these Terms and Conditions exclusively in the state and federal courts located in the State and County of [____________], to submit to the exclusive personal jurisdiction of those courts, and to waive any objections (including those based on convenience) to those courts.

 

(C) If a court determines that any provision of these Terms and Conditions is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

 

(D) You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent, and any conduct that violates any part of this provision is null and void.

 

(E) No waiver by either party of any breach or default under these Terms and Conditions will be deemed to be a waiver of any preceding or subsequent breach or default.

 

(F) Any heading, caption or section title contained in these Terms and Conditions is used as a matter of convenience, and is not intended to govern, limit, modify or in any other manner affect the scope, meaning, or intent of any provision of these Terms and Conditions, nor should they otherwise be given any legal effect.