Waving Flag Freedom - Terms of Service

OVERVIEW

 

This website is operated by Waving Flag Freedom. Throughout the site, the terms “we”, “us” and “our” refer to Waving Flag Freedom. Waving Flag Freedom offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By using the Site, signing up for or participating in promotions of any kind (including email and text-based promotions and contests), purchasing from Waving Flag Freedom, or becoming a member, you agree to be bound by these Terms, so please read these terms carefully.

 

1. THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND Waving Flag Freedom. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE, PURCHASE PRODUCTS FROM US, OR JOIN OUR Freedom Family MEMBERSHIP.

 

2. MEMBERSHIPS ARE SUBJECT TO AUTOMATIC RENEWAL. PLEASE CAREFULLY REVIEW SECTION 24, BELOW, FOR ADDITIONAL DETAILS, OR THE FREEDOM FAMILY MEMBERSHIP TERMS HERE

 

3. YOU AGREE THAT DISPUTES BETWEEN YOU AND Waving Flag Freedom WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND Waving Flag Freedom WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 15 FOR ADDITIONAL DETAILS.

 

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

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

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

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

PRIVACY AND YOUR ACCOUNT

 

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

CONSIDERATION

 

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, 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 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).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse Service to anyone for any reason at any time.

 

You understand that your content (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.

 

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 us.

 

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

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site 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.

 

SECTION 4 - 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.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

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

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

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.

 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

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.

 

For more details, please review our Refund Policy.

 

SECTION 7 - 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 the 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 Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products, and Services available via our Service 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.

 

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.

 

SECTION 9 - 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, 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.

 

Submission of User-Generated Content: Waving Flag Freedom may allow users to submit, post, or share content, including but not limited to text, photos, videos, reviews, comments, and other materials (collectively, "User-Generated Content") on our website, social media platforms, or through other channels. By submitting User-Generated Content, you grant Waving Flag Freedom a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

 

Ownership of User-Generated Content: You retain ownership of any intellectual property rights that you hold in the User-Generated Content. By submitting content to Waving Flag Freedom, you represent and warrant that you own or otherwise control all the rights to your content, including the right to grant the licenses described above, and that the content is accurate, does not violate these Terms of Service, and will not cause injury to any person or entity.

 

Prohibited Content: You agree that you will not submit User-Generated Content that:

Is false, misleading, or fraudulent;

 

 

Is defamatory, libelous, abusive, obscene, pornographic, or otherwise objectionable;

 

 

Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

 

 

Violates any law, regulation, or ordinance;

 

 

Promotes violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

 

 

Contains any viruses, worms, malware, or other harmful code;

 

 

Is intended to spam, phish, or collect personal information from others without consent;

 

 

Is intended to harass, threaten, or intimidate others.

 

 

 

Monitoring and Removal of Content: Waving Flag Freedom reserves the right, but is not obligated, to monitor, edit, or remove any User-Generated Content that we determine in our sole discretion violates these Terms of Service or is otherwise objectionable. We also reserve the right to take appropriate legal action against anyone who violates this provision, including but not limited to terminating your access to the website or reporting such conduct to law enforcement authorities.

 

No Compensation: You agree that you will not be compensated for any User-Generated Content you submit to Waving Flag Freedom, unless expressly agreed upon in writing by Waving Flag Freedom.

 

Indemnification: You agree to indemnify, defend, and hold harmless Waving Flag Freedom, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your User-Generated Content, your violation of these Terms of Service, or your infringement of any rights of another.

 

Third-Party Content: User-Generated Content may include links to third-party websites or services that are not owned or controlled by Waving Flag Freedom. Waving Flag Freedom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the website, you expressly relieve Waving Flag Freedom from any and all liability arising from your use of any third-party website or services linked to your User-Generated Content.

 

Feedback: Any suggestions, ideas, or other feedback you provide to Waving Flag Freedom regarding our website or services ("Feedback") shall be considered non-confidential, and Waving Flag Freedom shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy.

 

SECTION 11 - 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, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, 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.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

To the fullest extent permitted by applicable law, Waving Flag Freedom and its officers, directors, employees, agents, contractors, interns, suppliers, service providers, licensors, and affiliates shall not 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.

 

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

 

In no event shall Waving Flag Freedom’s aggregate liability for any claims arising out of or related to these Terms exceed the amount you paid, if any, to us for the Service in the three (3) months immediately preceding the event giving rise to such liability. If no such payment has been made by you, Waving Flag Freedom’s maximum liability shall be limited to fifty dollars ($50).

 

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.

 

You specifically acknowledge that Waving Flag Freedom shall not be liable for user-generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Waving Flag Freedom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - Dispute Resolution and Arbitration

 

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, the Services provided by Waving Flag Freedom, or any products purchased through the website, shall be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

 

Arbitration Process: The arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules, as modified by this agreement. The arbitration shall take place in Sheridan, Wyoming, or, if both parties agree, remotely via video or telephonic conference.

 

Selection of Arbitrator: Within ten (10) calendar days after the arbitration demand is served, the parties shall mutually agree on an arbitrator with at least five years of experience in arbitrating commercial disputes and who has knowledge of the subject matter of the dispute. If the parties are unable to agree on an arbitrator within this timeframe, either party may petition the AAA to appoint an arbitrator who satisfies these requirements.

 

Costs of Arbitration: Each party shall bear its own costs and attorney's fees, except as otherwise required by law or as determined by the arbitrator. The arbitrator shall have the authority to award reasonable attorney's fees to the prevailing party only if expressly provided for by statute or contract.

 

Authority of Arbitrator: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable. The arbitrator is empowered to grant any relief that would be available in a court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

Class Action Waiver: You and Waving Flag Freedom agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. This waiver shall apply to the fullest extent permitted by law and shall survive any termination of this agreement.

 

Exceptions to Arbitration: Notwithstanding the above, both you and Waving Flag Freedom retain the right to seek injunctive or other equitable relief in a state or federal court located in Sheridan, Wyoming to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be kept strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This provision shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

 

Severability: If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

 

SECTION 16 - SEVERABILITY

 

In the event that any provision of these Terms of Service 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 Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without 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).

 

SECTION 18 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

 

These Terms of Service, your use of the website, and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States, without regard to its conflict of law principles.

 

You agree that any dispute or claim arising out of or in connection with these Terms of Service, your use of the website, or any products or services sold or distributed by Waving Flag Freedom shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association, as detailed in the Dispute Resolution section. The arbitration shall take place in Sheridan, Wyoming, and shall be conducted in English.

 

In the event that arbitration is not applicable or enforceable, you agree that any legal proceedings shall be brought exclusively in the state or federal courts located in Sheridan, Wyoming, and you hereby consent to the jurisdiction and venue of such courts. You waive any objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

 

This section shall survive the termination of your use of the website or any Services.

 

SECTION 20 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 - INTELLECTUAL PROPERTY

 

All content included on this website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Waving Flag Freedom or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Waving Flag Freedom and protected by U.S. and international copyright laws. All software used on this site is the property of Waving Flag Freedom or its software suppliers and protected by United States and international copyright laws.

 

Any trademarks, service marks, graphics, logos, page headers, button icons, scripts, and trade names (collectively, "Marks") used and displayed on this website are the registered and unregistered trademarks of Waving Flag Freedom or its licensors, and are protected by United States and international trademark laws. You may not use any of the Marks appearing on the website without the prior written consent of Waving Flag Freedom, except as permitted by applicable law.

 

No part of the website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Waving Flag Freedom. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Waving Flag Freedom without express written consent. You may not use any meta tags or any other "hidden text" utilizing Waving Flag Freedom’s name or trademarks without the express written consent of Waving Flag Freedom.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Waving Flag Freedom so long as the link does not portray Waving Flag Freedom, its products, or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Waving Flag Freedom logo or other proprietary graphic or trademark as part of the link without express written permission.

 

All other trademarks not owned by Waving Flag Freedom that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Waving Flag Freedom.

 

SECTION 22 - SURVIVAL

 

Survival: This arbitration agreement will survive the termination of your relationship with Waving Flag Freedom.

 

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@wavingflagfreedom.com or by mail to:

1309 Coffeen Ave STE 1200 Sheridan WY 82801

 

 

 

 

 

 

 

SECTION 24 - Freedom Family MEMBERSHIP

Membership Benefits

As a Freedom Family Member, you gain access to exclusive benefits that allow you to purchase our products at a significant discount compared to our retail prices. The membership is designed to provide significant savings and special access to our latest products and promotions. For a monthly fee of $19.95, members can enjoy:

Access to wavingflagfreedom.com (members only discounts) where you will get unbelievable pricing on our entire store of dog themed apparel, accessories, and home decor

All of our products are listed at our COST or up to 70% off

Access to exclusive, members only products

Special offers and deals available only to members.

 

The membership fee for Freedom Family is $19.95 per month. This fee will be charged automatically to your preferred payment method on a recurring monthly basis. By subscribing to the membership, you authorize Shop Waving Flag Freedom to charge your payment method on a monthly basis until you cancel the membership.

Automatic Renewal of Subscriptions: 

By purchasing a subscription service (including memberships, recurring product deliveries, or any other recurring services) from Waving Flag Freedom, you agree to an initial and recurring payment, and you accept responsibility for all recurring charges until you cancel your subscription. Your subscription will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the end of the current billing cycle.

Billing Cycle: The billing cycle for your subscription will be indicated at the time of your initial purchase and in the confirmation email you receive after your purchase. Your payment method on file will be automatically charged at the beginning of each billing cycle for the total subscription price, plus any applicable taxes, unless you cancel your subscription.

Cancellation Policy: 

You may cancel your subscription at any time by contacting our customer service team at support@wavingflagfreedom.com, message us through our Facebook page, call us at 610-757-3315, or through your account via one-click cancelation here. To avoid being charged for the next billing cycle, you must cancel your subscription at least 7 days before your next billing date. If you cancel after your subscription has renewed, you will not be eligible for a refund for that billing cycle, but your subscription will not renew thereafter.

Price Changes: 

We reserve the right to adjust pricing for our subscription services at any time as we may determine in our sole discretion. Any price changes will take effect at the start of the next billing cycle following the date of the price change. We will notify you in advance of any changes to your subscription pricing.

Renewal Reminders: 

We may, but are not obligated to, send you a reminder email before your subscription renews. It is your responsibility to keep track of your subscription’s renewal date and ensure that your payment method is current.

Failed Payments: 

If your payment method on file is declined or otherwise fails, we may attempt to process the payment again. If the payment continues to fail, we may cancel your subscription at our discretion. You will remain responsible for any unpaid amounts.

Refunds:

Subscription charges are non-refundable, except in the case of an error on our part. If you believe you were charged in error, please contact our customer service team at support@wavingflagfreedom.com within 7 days of the charge for assistance.

Termination by Waving Flag Freedom: 

Waving Flag Freedom reserves the right to terminate your subscription at any time without notice if we believe you have violated these Terms of Service or any applicable law. If we terminate your subscription, you will not be entitled to a refund for any remaining portion of your subscription.

Membership Changes:

Shop Waving Flag Freedom reserves the right to modify the terms and conditions of the Freedom Family membership at any time. Any changes will be communicated to members via email and will be effective immediately upon posting on our Site. It is your responsibility to review the Terms regularly to stay informed of any updates. Continued use of the membership after any changes signifies your acceptance of the new terms.

Disclaimer of Warranties:

Shop Waving Flag Freedom provides the membership on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the membership or the information, content, materials, or products included in the membership benefits. To the full extent permissible by applicable law, Shop Waving Flag Freedom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Membership Limitation of Liability:

Shop Waving Flag Freedom is not liable for any damages that may arise from the use or inability to use the membership benefits. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages. By becoming a Freedom Family Member, you agree that the membership is provided without any warranties of any kind, either express or implied.

Indemnification:

You agree to indemnify, defend, and hold harmless Shop Waving Flag Freedom, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the membership, violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

By joining the Freedom Family membership, you agree to these terms and conditions. If you do not agree with any part of these terms, please do not use or discontinue the use of your membership benefits.

Contact Information:

For any questions or concerns regarding the Freedom Family membership, please contact our customer service team on the website or through our contact form.

You may also email us at support@wavingflagfreedom.com, or call us at 720-605-9727. We are happy to help!

 

 

 

 

 

 

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

"Waving Flag Freedom" (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. 


User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@wavingflagfreedom.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Our carrier is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

 

 

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

 

 

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

 

 

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

 

 

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

 

 

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Attentive or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the state of Pennsylvania.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Waving Flag Freedom’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years of experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

The Waving Flag Freedom mobile message service (the "Service") is operated by Waving Flag Freedom (“Waving Flag Freedom”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, promotions, specials, and other marketing offers (e.g., cart reminders) from Waving Flag Freedom via text messages through your wireless provider to the mobile number you provided. If you opt into Marketing messages, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other account-related information. Both services will be sent from Waving Flag Freedom via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 610-757-3315. Click the unsubscribe link in any text message to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Waving Flag Freedom mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, reply HELP to 610-757-3315 or email support@wavingflagfreedom.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

For additional information, please refer to our Privacy Policy.