Wanderable aims to provide the most beautifully designed and easiest to use online gift registry service. The Wanderable website lets couples create a personal gift registry. Our basic service allows couples to freely set up their registry.
Wanderable requires that you (the "Member") read and accept all the terms and conditions in this Agreement before registering with the site. If you are using the site as a guest (the "Guest") (for the purchase of a Wanderable gift registry item), you agree to also be bound by these terms and conditions. The following terms and conditions govern all use of the website and all content, services and products available at or through the website (taken together, the "Website"). The Website is owned and operated by Gift Registry Services LLC ("Wanderable" or "the Company"). YOU UNDERSTAND THAT BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS DOCUMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES PROVIDED. (We're not shouting, we're just letting you know these terms and our lawyers require us to use the caps lock.)
The site is provided as-is, and Wanderable assumes no responsibility for your ability to (or any costs or fees associated with your ability to) get access to this site.
All Members must be at least 18 years old or have the consent of a legal guardian whose name appears on all used banking accounts and payment/contribution methods. The Member must agree that the information provided during registration is accurate, truthful, current, and complete, and that the Member will regularly update this information as often as necessary.
The Wanderable website allows Members to create a personal gift registry that consists of write-in items.
Upon the contribution of a gift for write-in items (these are items you, as a Member, may enter into your registry at your sole discretion), there is no refund immediately possible. Under certain circumstances, Wanderable may, but is under no obligation to, seek the refund of a gift by determining the validity and response of a return or cancellation request.
If a gift giver disputes a valid charge from Wanderable, and the Member in question still has the disputed gift(s) as part of their current balance, the value of the gift along with a $30.00 chargeback fee will be deducted from said Member's balance. If the Member has no current balance, the disputed amount plus chargeback fee will be held back from any future gifts they may receive. Wanderable will contact the gift giver in an effort to rectify any situation involving disputed gift(s).
A Member account with a balance that is not redeemed two years after the wedding date will be closed and may be assessed maintenance charges. Wanderable will attempt to contact the Member approximately 90 days before the two year period elapses.
You acknowledge that Wanderable makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities on Wanderable.com or the services provided by Wanderable. You also agree that Wanderable has no obligation to maintain records or provide you with documentation of your transactions with charitable or non-profit organizations for tax-reporting purposes.
In other words, you shall have full responsibility for applicable taxes for all gift funds paid to you, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state workers compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold Wanderable harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Wanderable by the relevant taxing authorities with respect to any funds paid to you.
Wanderable uses Wells Fargo to send payments to Members. Receiving payments from Wanderable is subject to Wells Fargo Terms of Service, Site Terms, and Acceptable Use Policy. Braintree's Terms of Service, Site Terms, and Acceptable Use Policy. By using these services, you agree to these additional terms.
If you wish to terminate your account, you may do so by contacting the Company's support email. Any fees paid hereunder are non-refundable. You agree that Wanderable may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, violated the rights of the Company or any third party, or for any reason with or without notice to you. You agree that the Company may modify or discontinue this website, with or without notice to you. You agree that the Company will not be liable to you or any third party as a result of such modification or discontinuation. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords in any of your created content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wanderable may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wanderable liability. You must immediately notify Wanderable of any unauthorized uses of your account or any other breaches of security. Wanderable will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of Wanderable.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, and other matters.
You may choose to opt out of this email correspondence by using the links at the bottom of our emails.
Please note that even if you opt out, we'll still send you account-related emails, such as purchase confirmation and password reset emails.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Wanderable for inclusion on your Website, you grant Wanderable a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content. If you delete Content, Wanderable will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Wanderable has the right (though not the obligation) to, in Wanderable's sole discretion (i) refuse or remove any content that, in Wanderable's reasonable opinion, violates any Wanderable policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Wanderable's sole discretion. Wanderable will have no obligation to provide a refund of any amounts previously paid.
Wanderable has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Wanderable does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wanderable disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which wanderable.com links, and that link to wanderable.com. Wanderable does not have any control over those non-Wanderable websites and webpages, and is not responsible for their contents or their use. By linking to a non-Wanderable website or webpage, Wanderable does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wanderable disclaims any responsibility for any harm resulting from your use of non-Wanderable websites and webpages. Copyright Infringement and DMCA Policy.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Wanderable has adopted a policy of terminating, in appropriate circumstances and at Wanderable's discretion, users who are deemed to be repeat infringers. Wanderable also may, at its discretion, limit access to the Website and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints. If you believe that anything on the Website infringes upon any copyright that you own or control, you may file a notification with Wanderable's Designated Agent as set forth below:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by Wanderable or the alleged infringer as the result of Wanderable relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Wanderable does not guarantee that it will have the capability to remove infringing content in its entirety, including infringing content that has been stored in a viewer's cache, but may block the display of any infringing content.
This Agreement does not transfer from Wanderable to you any Wanderable or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Wanderable. Wanderable, wanderable.com, the Wanderable logo, and all other trademarks, service marks, graphics and logos used in connection with wanderable.com, or the Website are trademarks or registered trademarks of Wanderable. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Wanderable or third-party trademarks.
Wanderable reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Wanderable may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources for booking experiences). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Disclaimer of Warranties.
The Website is provided "as is". Wanderable and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wanderable nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event is Wanderable liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Wanderable under this agreement during the twelve (12) month period prior to the cause of action. Wanderable shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Wanderable, its partners, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Wanderable and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Wanderable, or by the posting by Wanderable of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Castle County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wilmington, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wanderable may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.