Terms of Service
Updated February 4, 2020
Thank you for choosing to be part of our community at The Wise Jester (“Company”, “we”, “us”, or “our”). These Terms of Service apply to all forms of your access and/or use of our website (such as www.thewisejester.com), and/or any related products, ideas, content, logos, services, sales, marketing, social media platforms, events, (we refer to them collectively in this these Terms of Service as the "Services").
Accepting These Terms
Your Account with The Wise Jester
Your Order and Payment
Your Access/Use of Our Services
Disputes with Other Users/Customers
Disputes with The Wise Jester
1. Accepting These Terms
These Terms of Service and the documents/policies they incorporate by reference, including our Privacy, make up our rules, or what we officially call our Terms of Service (or Terms for short). The Terms are a legally binding contract between you and The Wise Jester.
Please note that Section 12 Disputes with The Wise Jester, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you access/use our Services, so please read it carefully. By accessing/using any of our Services (even just browsing one of our websites or social media platforms), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not access/use our Services.
Our Services are not directed to nor do we knowingly collect or maintain information from a minor, which we consider to be anyone under 18 years of age. Minors under 13 years of age are not permitted to use our Services. By using our Services, you represent that you are at least 18 or that you are the parent or legal guardian of such a minor over the age of 13 and you consent to such minor’s use of our Services. You are responsible for any and all activity conducted by a minor while using our Services.
2. Your Privacy
3. Your Account with The Wise Jester
Having an account with us is completely voluntary and free. You may place an order/checkout as a guest accessing/using our Services or you may create a free account. Whether you place an order as a guest or create a free account and place an order, you must provide us with a valid email address in order to receive order-related messages. We may also contact you by telephone to provide support or for order-related purposes. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).
You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Wise Jester.
4. Your Order and Payment
You agree to provide current, complete and accurate order and account information for all orders made using our Services. You further agree to promptly update your account and payment information, including your email address, credit card numbers and expiration dates, so that we can complete your orders and contact you as needed.
You agree to pay all charges at the prices then in effect for your order and any applicable shipping fees and taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. All payments shall be in U.S. dollars. Packages being shipped within the state of Ohio will be charged the applicable state and county sales tax upon checkout. We only sell and ship within the United States. We do not sell or ship internationally.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. Your Content
Your Content refers to anything (words, phrases, comments, suggestions, feedback, ideas, proposals, plans, graphics, photographs, videos, or other materials, etc.) you may provide to The Wise Jester using any form of communication (online, live chat, instant message, social media, email, postal mail, telephone, etc.) or post on any of The Wise Jester Services, including our website and all social media platforms.
Responsibility for Your Content
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content
By providing us Your Content, you grant The Wise Jester a license to use it to use it to help The Wise Jester function and grow. For example, you acknowledge and agree The Wise Jester may use Your Content all or in part, in any of our marketing efforts. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of Your Content you provide to us for any purpose without acknowledgement or compensation to you.
Rights You Grant The Wise Jester
Here’s the legalese version of the last section. By posting Your Content, you grant The Wise Jester a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content for any purpose without acknowledgement or compensation to you. We are and shall be under no obligation to maintain any of Your Content in confidence or to respond to any of Your Content. This allows us to provide our Services and to promote The Wise Jester or our Services in general, in any formats and through any channels, including across any of our Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Content.
That sounds like a lot, but it’s necessary for us to keep The Wise Jester going. Consider this example: if you post a photo of yourself on our Facebook page or a product review on our website, we have permission to display it to users/customers, and we can resize it so it looks good to a user/customer. We can feature your photo or product review in any part of our Services, including on our website, on any of our social media platforms, in any of our blogs or marketing emails, or even on a billboard to help promote our Services.
Inappropriate, False, or Misleading Content
This should be common sense, but there are certain types of content we don’t want posted/used on any of our Services (for legal reasons or otherwise). You agree that you will not post/use Your Content in a manner that is unlawful, abusive, threatening, defamatory, libelous, or in any way violates someone else’s privacy, or is in any way in violation of any part of our Terms, and Your Content will not contain any computer virus or other malware that could in any way affect the operation of any of our Services. You also agree to not post/use Your Content in a false, misleading or deceptive manner. You agree to not pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any of Your Content. You are solely responsible for Your Content and the way in which you post/use Your Content. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is in the best interest of The Wise Jester.
6. Your Access/Use of Our Services
License to Access/Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms, and the following restrictions in particular:
Don’t Use Our Services to Break the Law
You agree that you will not violate any laws in connection with your use of our Services, nor will you solicit others to perform or participate in any unlawful acts. This includes not violating any local, state, provincial, federal, and international regulations, rules, laws, or local ordinances. You will not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against The Wise Jester, and you will not submit any false, deceitful or misleading information to The Wise Jester.
Don’t Steal Our Stuff
You agree not to crawl, scrape, or spider any page of our Services or to reverse engineer or attempt to obtain the source code of our Services or information about our users/customers. You agree not to infringe upon or violate our intellectual property rights or the intellectual property rights of others. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, including our ideas, designs and products, use of our Services, or access to our Services or any contact(s) provided within our Services, without express written permission by us.
Don’t Try to Harm Our Systems or Our Users/Customers
You agree not to interfere with or try to disrupt our Services in any way, for example by not creating or distributing spam, pharm, phish, pretext, virus or other harmful computer code. You agree not to interfere with or circumvent the security features of our Services or any related website, other websites, or the Internet. You agree not to collect or track the personal information of our users/customers and not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Don’t Access/Use Our Services for Anything They Weren’t Intended for
You may not access/use our Services for any purpose other than that for which we make our Services available or for any obscene or immoral purpose. Our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Communicating With Us
From time to time, The Wise Jester may provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
Termination by You
Termination by The Wise Jester
We may terminate or suspend your account (and any related accounts) and your access to our Services at any time, for any reason, and without advance notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We may refuse service to anyone, at any time, for any reason. If you or The Wise Jester terminate your account, you may lose any information associated with your account.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We May Discontinue Our Services
The Wise Jester reserves the right to change, suspend, or discontinue any of our Services at any time, for any reason. We will not be liable to you for the effect that any changes to our Services may have on you.
The Terms, obligations and liabilities of the parties incurred prior to the termination date, regardless of whether you or The Wise Jester initiated the termination, will remain in effect even after your access to our Services is terminated, or your use of the Service ends.
8. Our Products
We at The Wise Jester proudly design and create all products ourselves. Rather than being mass-produced like you get from most other retailers, your order is custom-made individually (and personalized when requested) and manufactured on demand with our carefully selected third-party manufacturers who are responsible for order fulfillment, including shipping. Using these manufacturers enables us to offer you the widest selection and highest quality merchandise at a fair price.
As outlined in our Return and Exchange Policy, we want you to always be 100% happy with your order and service, and to shop with total confidence! Our sole guarantee is limited to our Happiness Guarantee. You may request a refund or exchange for any reason within 30 days from date of delivery along with return shipping on all order and no restocking fees.
Any claims for incorrect item (you were sent an item different than what you ordered), misprinted, damaged or defective item(s) must be submitted to our Customer Happiness team via email at firstname.lastname@example.org within 30 days from original date of delivery and include photos of the item. We’ll gladly send a replacement to you at our expense for claims deemed to be our error. If we ask you to return the original item(s) to us for any reason, it will be at our expense.
We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Our products may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made through our Services is void where prohibited.
9. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Our Services, Including Products
We strive to offer the highest quality Services and products and we want you to always be 100% happy with your order and experience with our Services. With the exception of our Happiness Guarantee, we do not warrant or guarantee that the quality of our Services, including any products, information or other material purchased or obtained by you will meet your expectations, or that any of our Services will be free of virus or other harmful materials, uninterrupted, timely, secure or error free, and in the case of any errors in our Services, we do not guarantee that it will be corrected or corrected to your satisfaction.
You expressly agree that your use of, or inability to use, our Services, including our products, is at your sole risk. Our Services and all products and services delivered to you through our Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Wise Jester, our employees, interns, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services, including products, or for any other claim related in any way to your use of our Services, including products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or products, posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Content You Access
You may come across products or information (including words, phrases, comments, suggestions, feedback, ideas, proposals, plans, graphics, photographs, videos, or other materials, etc.) that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by other users/customers through our Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users/customers that you accessed through our Services. You release us from all liability relating to that content.
People You Interact With
Where applicable, you can use our Services to interact with other users/customers (e.g. on our social media platforms). However, you understand that we do not screen users/customers of our Services, and you release us from all liability relating to your interactions with other users/customers. Please be careful and exercise caution and good judgment in all interactions with others.
You acknowledge and agree that we provide access to such optional third-party Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party Tools (e.g. PayPal, Facebook, Instagram, Twitter, Google, etc.). Any use by you of optional third-party Tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our Services (including, the release of new optional third-party Tools). Such new features and/or services shall also be subject to these Terms.
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, links, Tools, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information contained within our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Services should be taken to indicate that all information in our Services has been modified or updated.
Modification to Our Services and Prices
Prices for our Services, including products, are subject to change without notice. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part of our Services.
10. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if The Wise Jester gets sued because of something that you did, you agree to indemnify, defend and hold harmless The Wise Jester, including any parent company, any of our employees, interns, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers from and against any loss, damage, liability, claim or demand (including reasonable lawyer’s fees and expenses) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, your violation of any law or your infringement of someone else’s rights, your overt harmful act toward any other user/customer of our Services with whom you connected via our Services.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. Disputes With Other Users/Customers
If you find yourself in a dispute with another user of our Services or a third-party, we encourage you to contact the other user/party and try to resolve the dispute amicably. You release The Wise Jester from any claims, demands, and damages arising out of disputes with other users or parties.
12. Disputes with The Wise Jester
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Our Terms are governed by the laws of the State of Ohio, 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, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and The Wise Jester agree that any dispute or claim arising from or relating to our Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org, then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Service), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, 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 our Terms will take place on an individual basis. You agree that any arbitration shall be limited to dispute between parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You understand that by agreeing to the Terms, you and The Wise Jester are each waiving the right to trial by jury or to participate in a class action or class arbitration. 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. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. We’re based in Ohio, so any legal action against The Wise Jester related to our Services must be filed and take place in Clermont County, Ohio. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Clermont County, Ohio, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and The Wise Jester agree to submit to the personal jurisdiction of a state or federal court located in Clermont County, Ohio.
If we make any changes to this “Disputes with The Wise Jester” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against The Wise Jester prior to the date the changes became effective.
13. Changes to the Terms
You can review the most current version of the Terms, at any time on our website www.thewisejester.com We reserve the right, at our sole discretion, to update, change or replace any part of these Terms, by posting updates and changes to our website. The updated version will be indicated by an updated date, will be effective as soon as it is accessible on our website and will replace any previous versions. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any of our Services following the posting of any changes to these Terms, constitutes acceptance of those changes. You understand that the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
14. Entire Agreement
These Terms constitute the entire agreement and understanding between you and us and govern your use our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against The Wise Jester.
If any part of the Terms is found to be unlawful, void or unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to exercise or enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
15. Contact Information