Last updated: July 13, 2018

Overview

Wm. K. Walthers, Inc. thanks you for visiting our website and utilizing our digital media. The website and any other digital media, applications (“app”, “apps”), or content is operated by Wm. K. Walthers, Inc. (“Walthers”). Throughout the site and apps, the terms “We”, “Us” and “Our” refer to Wm. K. Walthers, Inc. Walthers offers digital media and content, including all information, tools and services available from said media to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Conditions of Use”, “Terms” ), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Conditions of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Conditions of Use carefully before utilizing our digital media or using our mobile app or website. By accessing or using any digital media, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not utilize our digital media in any way. If these Conditions of Use are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the Store shall also be subject to the Conditions of Use. You can review the most current version of the Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Conditions of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to our digital media following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

Walthers does not publish content that we consider to be inappropriate for minors; however, by agreeing to these Conditions of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our content or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, privacy laws, or any other laws specific to consumption of digital content).

You may not use any digital content or platform to transmit any virus, malicious code, or malware/spyware. Nor may you hack or attempt to access our platforms without the use of valid credentials specifically designed to do so.

A breach or violation of any of the Terms will be cause for an immediate termination of your Services.

General Conditions

Walthers, in order to protect itself, reserves the right to refuse Service to anyone for any reason at any time.

Walthers asks that you understand that your content or any form data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Walthers adheres to the Payment Card Industry (PCI) Data Security Standards. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by Walthers.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We desire and will put forth effort to maintain content which is accurate; however, we are not responsible if information made available on this site is not accurate, complete or current. The digital content published is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Copyright

All content included in or made available through any Walthers Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Walthers or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Walthers Service is the exclusive property of Walthers and protected by U.S. and international copyright laws.

Trademarks

Click here to see a non-exhaustive list of Wm. K. Walthers, Inc. and third party trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Walthers content are trademarks or trade dress of Wm. K. Walthers, Inc. in the U.S. and other countries. Walthers trademarks and trade dress may not be used in connection with any product or service that is not Walthers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Walthers. All other trademarks not owned by Wm. K. Walthers, Inc. that appear in any Walthers content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wm. K. Walthers, Inc.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (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 the Service.

Products or Services

Certain products or Services may be available exclusively online through the website or mobile app. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store. Due to the nature of production of limited run items we may not always be able to show an actual image of product prior to its arrival in our warehouse/distribution center.

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 our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. In certain unfortunate circumstances, we may have to, in Our sole discretion, limit or cancel quantities purchased 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.

You may need your own Wm. K. Walthers, Inc. account to use certain Walthers Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, We may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Walthers does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Walthers Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. Walthers, reserves the right to refuse service, terminate accounts, terminate your rights to use Walthers Services, remove or edit content, or cancel orders in its sole discretion.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such 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.

Any use by you of optional tools offered through the site 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 the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Conditions of Use.

Third-Party Links

In an effort to provide the best content to you, certain content, products and Services may include materials from third-parties.

Third-party links on this site 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 or websites, or for any other materials, products, or services of third-parties.

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. 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.

User Comments, Feedback and Other Submissions

If, at Our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Conditions of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information and Privacy

Walthers values your privacy. We do, however, have a policy in place to govern how we will administer your personal information. To the extent required We will comply with laws which govern the use and administration of personal information.

Your submission of personal information through the Store is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on Our site or in the Service 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 the Service or on any related website 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 the Service or on any related website, video, mobile app, or any other digital content including without limitation, pricing information, except as required by law.

Prohibited Uses

In addition to other prohibitions as set forth in the Conditions of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you 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 Walthers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) 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.

Indemnification

You agree to indemnify, defend and hold harmless Wm. K. Walthers, Inc. and Our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Contact Information

Questions about the Conditions of Use should be sent to us at webmaster@walthers.com or in writing by mail to: Wm. K. Walthers, Inc., 5601 W. Florist, Milwaukee, WI, 53218.