Terms and Conditions for Use Updated February 14, 2022
This website is owned and operated by Wilder Side LLC. This sets forth the terms and conditions under which you may use our website and purchase products offered by us. This website offers visitors products and information related to water sports, specifically geared for users of kayaks, canoes, and like small watercraft. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by the Terms and Conditions described herein. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
PART ONE – USE OF OUR SITE.
ELIGIBILITY, REGISTRATION AND ACCOUNT
In order to use our website and/or receive our products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Wilder Side LLC if you discover or otherwise suspect any security breaches related to your account or the Sites.
RETENTION OF RIGHT TO CHANGE OFFERING
We may, without prior notice, change the products or services offered; stop providing the products or any features of the products or services we offer; or create limits for the products or services. We may permanently or temporarily terminate or suspend access to the products or services without notice and liability for any reason, or for no reason.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Wilder Side LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
RIGHT TO CHANGE AND MODIFY TERMS
Wilder Side LLC reserves the right to change these Terms from time to time. If Wilder Side LLC makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.
"Wilder Side" the Wilder Side logo and other Wilder Side product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Wilder Side LLC and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wilder Side LLC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Wilder Side" or any other name, trademark or product or service name of Wilder Side LLC without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wilder Side LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Wilder Side LLC.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Wilder Side LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Wilder Side LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDER SIDE LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE SITES, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, YOUR PARTICIPATION IN ACTIVITIES, EVENTS, OUTINGS OR EXPERIENCES THAT ARE NOT OFFICIALLY ORGANIZED AND HOSTED BY WILDER SIDE LLC OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITES, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN WILDER SIDE LLC PARTY'S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WILDER SIDE LLC PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO WILDER SIDE LLC FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE THE WILDER SIDE LLC PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Part Two – Terms of Sale
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We offer a limited returns policy for undamaged product. For undamaged product, you may return an item with its included accessories and packaging along with a printed copy of the original receipt within 30 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method, subject to the following return policy limits: (i) Only one product type may be returned per purchase. (Our on-line store creates bespoke product that has limited ability to distribute returned goods); and (ii) all returned goods are subject to a 20% restocking fee which will be deducted from the refund of the original purchase amount.
Home goods and clothing purchased from our site comes with a 60 day product warranty. If you discover a defect in materials or workmanship for these goods, e-mail us with a description of the problem and a picture of the defective product. If we validate the problem you have indicated, we will authorize a full refund of the purchase price. We reserve the right to request that the defective product be returned to our store prior to refunding the purchase price of the defective item.
Warranty for retractable landing gear come with a one year limited warranty. Warranty covers the cross-member, Freedom bracket, Freedom handle, and wheel post assembly to be free of defects in material and workmanship and will withstand normal use on a canoe or kayak without permanent deformation or failure. Use of the product outside its intended scope will void the warranty. See product description for further details.
Warranty for wheels purchased through this site come with a 30 day warranty.
Unless otherwise noted, for warranty repairs we will pay for shipment of repaired or replaced products or replacement parts to customer and customer will be responsible for return shipment of the original product to us.
PRICING AND AVAILABILITY
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and to eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; COPIES
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
SHIPPING AND HANDLING; NO EXPORT BY YOU
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
PAYMENT; CREDIT FOR REFUNDS
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and WILDER SIDE LLC's sole and exclusive liability, for any breach of warranty by WILDER SIDE LLC shall be your right to return the product, or receive a refund as provided in WILDER SIDE LLC's Returns Policy.
IN NO EVENT SHALL THE WILDER SIDE LLC PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE WILDER SIDE LLC PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE THE WILDER SIDE LLC PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE WILDER SIDE LLC PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
THOSE WHO PURCHASE AND INSTALL A FREEDOM LAUNCHER ONTO A PERSONAL WATERCRAFT ASSUME ALL RESPONSIBILITY FOR ANY CONSEQUENTIAL DAMAGE TO WATERCRAFT STRUCTURES, INCLUDING BUT NOT LIMITED TO THE HULL OR GUNWALES. USERS SHOULD CONSULT WITH WATERCRAFT MANUFACTURER IF ANY CONCERNS EXIST AS TO THE SUITABILITY OF FREEDOM LAUNCHER USAGE WITH ANY PARTICULAR WATERCRAFT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
CUSTOMER SUPPORT DETAILS; CONTACT INFORMATION
Please contact us for any questions or product support issues at:
Wilder Side LLC
Main phone: (267) 793-0402