Term and Conditions

Thewingmate.com

TERMS & CONDITIONS OF USE

Last updated August 13, 2024

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. The Wingmate Company, LLC (“The Wingmate Company ,” “we,” “us,” or “our”) maintains this website (the “Site”) as a service to The Wingmate Company’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms and conditions of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. THESE TERMS AND CONDITIONS OF USE CONTAIN A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIAL, AND A CLASS ACTION WAIVER (See Section 28 below). If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site.

1. Entire Agreement.  This Agreement, and all The Wingmate Company  policies referenced herein, constitute the entire and only agreement between The Wingmate Company  and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on The Wingmate Company  only if agreed in writing by you and an authorized representative of The Wingmate Company . This Agreement may be amended by The Wingmate Company  at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

1. Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use The Wingmate Company’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

1. Verifying Your Address. The Wingmate Company  reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from The Wingmate Company .

1. Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by The Wingmate Company  in its sole discretion.
   
2. Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, The Wingmate Company  does not waive any right in such information and materials.
   
3. Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Most products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site when shipping to the United States are quoted in U.S. Dollars.
   
4. Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
   
5. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any The Wingmate Company  content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of The Wingmate Company , in any other manner that is likely to cause confusion among consumers, that disparages or discreates The Wingmate Company  and/or its licensors, that dilutes the strength of The Wingmate Company , or that otherwise infringes The Wingmate Company’s intellectual property rights. 

1. Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at legal@Thewingmate.com, and provide the following information (“Notice”):

1. • Your physical or electronic signature.
   • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
   • Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
   • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
   • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
   • A statement that the information in the written notice is accurate.
   • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

     Please note that this procedure is exclusively for notifying The Wingmate Company  that your copyrighted material has been infringed. Upon receipt of your notification, The Wingmate Company  will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
     

1. 10.Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information, directly or through automated means. The Wingmate Company  reserves the right, and you authorize The Wingmate Company , to collect, use, and disclose your personal information regarding use of the Site by you and all information provided by you in any manner consistent with The Wingmate Company’s Privacy Policy (including and except for activities for which we first require your explicit consent to be given through other means). Please read our Privacy Policy for more information about our collection,  use and disclosure practices. The Privacy Policy also provides separate options for individuals to lodge complaints in relation to the Privacy Policy and your personal information.
   
2. 11.Credit Card Payments. You represent and warrant that if you are purchasing something from The Wingmate Company  with a credit card that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. The Wingmate Company  does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in The Wingmate Company’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.
   
3. 12.Gift Cards. Gift cards issued by us can be redeemed only for future purchases of merchandise or services at Thewingmate.com. Applicable taxes are charged when gift cards are redeemed. Upon redeeming your gift card, if your purchase exceeds the amount of the gift card, you will need to pay the balance with an additional method of payment. Upon redemption, any unused balance will remain on the gift card for future purchases. The Wingmate Company  gift cards do not expire and there are no fees associated with them. The Wingmate Company  digital gift cards are emailed directly to recipients. The Wingmate Company  is not responsible for incorrect digital gift card delivery due to entry of an incorrect email address. Gift cards cannot be returned, refunded, transferred to another gift card for value, used for unauthorized advertising, marketing, promotional or commercial purposes, or redeemed for cash or credit (except when required by law) and cannot be replaced or refunded if lost or stolen. Treat the gift card like cash and safeguard it accordingly. Gift cards cannot be redeemed at any The Wingmate Company  retail stores or Authorized Dealer locations. The Wingmate Company  reserves the right to refuse to accept gift cards that The Wingmate Company  suspects or believes were obtained fraudulently. For current gift card balance, visit the The Wingmate Company  Gift Card Balance page.
   
4. 13.Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. The Wingmate Company  will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
   
5. 14.Links to Other Web Sites. The Site contains links to other websites. The Wingmate Company  is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by The Wingmate Company . Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by The Wingmate Company . If you decide to leave the Site and access these third-party sites, you do so at your own risk.
   
6. 15.Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to The Wingmate Company  (collectively, “Submissions”) shall be deemed and shall remain The Wingmate Company’s sole property and shall not be subject to any obligation of confidence on The Wingmate Company’s part. Without limiting the foregoing, The Wingmate Company  shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

   Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. The Wingmate Company  retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, The Wingmate Company  provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.

   The Wingmate Company  reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.

1. 16.Custom Products. The Wingmate Company  values respect, tolerance and open dialogue, and we serve a diverse and varied customer base. The Wingmate Company  has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:

1. • contain obscene, vulgar or profane content, including hate speech or symbols,
   • contain explicit sexual content or innuendo,
   • encourage violence, hate or negative stereotypes against individuals or groups,
   • attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity,
   • incite public outrage or inspire violence,
   • portray or promote irresponsible use of alcohol or other substances, or
   • libel or defame an individual or group.

     Starting with our first customized Wingmate’s in 2024, we’ve used our best efforts to avoid creating custom products with political affiliations or associations. Because the process we use to identify political affiliations and associations involves human judgment, we may inadvertently accept an order and mark a The Wingmate Company  product with a candidate’s name or campaign slogan simply because we weren’t familiar with it when the order was placed. If that happens, it should not be construed as The Wingmate Company’s endorsement of a particular affiliation or association (unless, of course, we explicitly make a statement of endorsement).

     The Wingmate Company  respects the intellectual property rights of others and we ask that you do the same. By purchasing any custom product on or through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. The Wingmate Company  may terminate the account of any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.

     A customization fee applies for all custom products. Please review your customized item carefully prior to submitting your order; customized items may not be cancelled or returned once the order has been submitted. The Wingmate Company  is not responsible for any errors or mistakes that have been approved.

1. 17.Customer Ratings and Reviews; User Content License. By submitting any customer ratings, reviews, and related content (including, but not limited to, photographs) (collectively, the “User Content”) to The Wingmate Company , you represent and warrant that:

1. • you are at least eighteen (18) years of age,,
   • the User Content is your original creation, and it was not taken from any website, social media posting, or elsewhere;
   • you have all necessary rights and authority to grant the rights granted herein, and that The Wingmate Company’s use of the User Content in accordance with this Agreement will not violate the rights of any third party;
   • you have consent from any and all persons appearing in the User Content to grant the rights described in this Agreement;
   • The Wingmate Company’s use of the User Content will not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, or proprietary rights;
   • portray or promote irresponsible use of alcohol or other substances, or
   • the User Content is not libelous, defamatory, obscene, pornographic, harassing, hateful, racially or religiously biased or offensive, or otherwise unlawful; and
   • you agree that The Wingmate Company’s use of the User Content does not and will not require payment to any person or entity and does not require approval or consent by any other person or entity
     You further agree and warrant that you shall not submit any User Content:
   • That is known by you to be false, inaccurate or misleading;
   • That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
   • For which you were compensated or granted any consideration by any third party;
   • That includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; and
   • That contains any computer viruses, worms or other potentially damaging computer programs or files.

     For any User Content that you submit, you grant The Wingmate Company  a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, edit, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world without compensation to you. All User Content that you submit may be used at The Wingmate Company’s sole discretion. The Wingmate Company  may use your User Content on webpages and social media pages operated by The Wingmate Company , in promotional e-mails and advertisements, and in any and all marketing, promotional and advertising initiatives, in any and all formats, whether now known or hereafter developed. The Wingmate Company  reserves the right to change, condense or delete any User Content on the Site that The Wingmate Company  deems, in its sole discretion, to violate these User Content guidelines, product usage guidelines, or any other provision of this Agreement. The Wingmate Company  does not guarantee that you will have any recourse through The Wingmate Company  to edit or delete any User Content you have submitted. Ratings and written comments are generally posted within two to four business days. However, The Wingmate Company  reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not The Wingmate Company , are responsible for the contents of your submission. None of the User Content that you submit shall be subject to any obligation of confidence on the part of The Wingmate Company , its agents, subsidiaries, affiliates, partners, service parties, contractors, or third parties and their respective directors, officers and employees. By submitting your email address in connection with your rating and review, you agree that The Wingmate Company  and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

1. Return Policy. The Wingmate Company’s return policy is a part of this Agreement. The Wingmate Company  does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.

1. Order Modification/Rejection. The Wingmate Company  reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, The Wingmate Company  will issue a credit to your credit card account for the amount rejected.

1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL The Wingmate Company  OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING The Wingmate Company’s SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Wingmate Company  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Disclaimer. The Wingmate Company  makes no representations about the reliability of the features of the Site, The Wingmate Company  content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated and administered by The Wingmate Company  from within the United States. The Wingmate Company  makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. 

1. Promotions and Promotional Communications. On the Site, you may be able to participate in or sign up for surveys, sweepstakes, contests and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and birth date. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms.

1. Indemnity. You agree to defend, indemnify and hold The Wingmate Company  and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

1. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to The Wingmate Company  shall be sent by mail to The Wingmate Company  , LLC, Attn: Legal, 1234 AFD, Brookhaven, GA 30319 In the case of notices The Wingmate Company  sends to you, you consent to receive notices and other communications by The Wingmate Company  posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that The Wingmate Company  provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

1. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to The Wingmate Company  , LLC, Attn: Legal, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

1. Applicable Law and Venue. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Georgia, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

   To the extent permitted by law, the state and federal courts located in Atlanta, Georgia, shall have exclusive jurisdiction over any action or proceedings between you and The Wingmate Company  that are not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and The Wingmate Company  (i) voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in Atlanta, Georgia, that have subject matter jurisdiction, and (ii) waives all objections to venue and any claim that you or it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other form.

2. Mandatory Pre-Dispute Resolution Process. To the maximum extent permitted by law, you and The Wingmate Company  waive the right to bring any claim directly or indirectly arising out of or relating to the Agreement (including all sections of this Agreement) or the Site (including the purchase of The Wingmate Company  products via Thewingmate.com) in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. The Wingmate Company’s address for notice is: Attn: Legal Department – Notice of Dispute, The Wingmate Company  , LLC, 1234 AFD, Brookhaven, GA 30319 The written notice (“Notice of Dispute”) must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought.

   (b) The Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or by a The Wingmate Company  representative (if we are initiating the Notice of Dispute). The Wingmate Company  must send any such Notice of Dispute to you at the email address that The Wingmate Company  has on file for you.

   (c) The Wingmate Company  and you will attempt to resolve the dispute through reasonable, good-faith consultation, cooperation, and good-faith negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties). Neither you nor The Wingmate Company  may initiate an arbitration or small claims proceeding before the conclusion of the sixty-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section [##] (collectively, the “Mandatory Pre-dispute Resolution Process”). You agree that you or The Wingmate Company  may seek any interim or preliminary relief from a court of competent jurisdiction in Atlanta, Georgia, as necessary to protect their rights pending completion of the Mandatory Pre-Dispute Resolution Process.

   (d) If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Atlanta, Georgia, at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and The Wingmate Company  engage in the Mandatory Pre-dispute Resolution Process.

3. Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE, OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR The Wingmate Company  WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

4. Small Claims Court. Any dispute directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of The Wingmate Company  products via Thewingmate.com) that falls within the jurisdictional scope and limits of the small claims court where you reside may be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.

   The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section 27 to that court. The certification shall be personally signed by that party (and counsel, if represented).

5. Arbitration Agreement. You agree that any disputes directly or indirectly arising out of or relating to the Agreement (including all sections of this Agreement) or the Site (including the purchase of The Wingmate Company  products via Thewingmate.com) that cannot be resolved through the Mandatory Pre dispute Resolution Process in Section 27 shall be resolved exclusively by final and binding arbitration, and administered by National Arbitration and Mediation (“NAM”). Except as modified by this Agreement, NAM shall administer the arbitration in accordance with the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplementary Dispute Resolution Rules and Procedures, as applicable (the “NAM Rules”). The NAM Rules and fee information are available at www.namadr.com. If NAM is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in Atlanta, Georgia, to appoint an alternate administrator that will do so.

   The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process in Section 28 and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

   Any required arbitration hearing will be held in Atlanta, Georgia, or a location that is reasonably convenient for both parties taking into account the location of the parties and relevant witnesses, as well as the parties’ and witnesses’ ability to travel.

   Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute. To the extent a party seeks injunctive relief, it may seek such relief from a court of competent jurisdiction in Atlanta, Georgia.

   Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 30 within thirty (30) days after the date that you first agree to this Agreement by sending a letter to Attn: Legal Department – Arbitration Opt-Out, The Wingmate Company  , LLC, 1234 AFD, Brookhaven, GA 30319, that specifies: your full legal name, your email address (if applicable, the email address associated with your use of the Site), and a statement that you wish to opt out of the provisions of this Section 30 (“Opt-Out Notice”). Once The Wingmate Company  receives your Opt-Out Notice, this Section 30 will be void. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice. Notwithstanding anything to the contrary, this Agreement does not prevent you or The Wingmate Company  from participating in a mass settlement of claims, including from participating in a class-action settlement.

   If The Wingmate Company  makes any future changes to the arbitration provisions in this Section 30 (other than a change to the notice address), you may reject any such change by sending a letter within 30 days after the date of such change to Attn: Legal Department – Arbitration Change Opt-Out, The Wingmate Company  , LLC, 1234 AFD, Brookhaven, GA 30319, that specifies: your full legal name, your email address (if applicable, the email address associated with your use of the Site), and a statement that you wish to opt out of such change to the provisions of this Section 30 (“Change Opt-Out Notice”). Once The Wingmate Company  receives your Change Opt Out Notice, any such change to this Section 30 will be void as to you, but you will still be bound by the prior arbitration agreement that you agreed to. For clarity, please note that this is not an opt-out of arbitration altogether.

   The terms of the arbitration provisions contained in this Section 230will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of The Wingmate Company  to the extent that any such claims arise out of your access to or use of the Site or the provisions of content or technology on or through the Site.

   BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.

6. Procedures for Mass Arbitration Filings. (a) If your claim is one of twenty-five (25) or more similar claims intended to be asserted against The Wingmate Company  by the same or coordinated counsel or are otherwise coordinated, consistent with the definition of Mass Filing set forth in the NAM Rules, you and we understand and agree that these procedures for mass arbitration filings will apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the mass filing.

   Stage One. Counsel for the claimants and counsel for The Wingmate Company  will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of the first staged process (“Stage One”). Absent agreement of the parties, no more than five (5) Stage One cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and The Wingmate Company  will pay the mediation fee.

   Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for The Wingmate Company  will again each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process (“Stage Two”), subject to any procedural changes the parties agree to in writing following mediation or through continuing, good-faith discussions. Absent agreement of the parties, no more than five (5) Stage Two cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and The Wingmate Company  will pay the mediation fee.

   (b) Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either

   • Option One. You or The Wingmate Company  may opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction in Atlanta, Georgia, consistent with the terms of this Agreement. For purposes of this Option One, you may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to The Wingmate Company  via email at legal@Thewingmate.com within thirty (30) days after the conclusion of the second global mediation session. For purposes of this Option One, The Wingmate Company  may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR

   • Option Two. If neither you nor The Wingmate Company  elect to have your claim heard consistent with Option One above, then you agree that your claim will be resolved through continuing staged proceedings as set forth in this Option Two. If after the expiration of The Wingmate Company’s opt-out period, the number of remaining claims exceeds two hundred (200), then two hundred (200) claims will be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitrations as part of a staged process. Absent agreement of the parties, no more than ten (10) cases in any set of two hundred (200) cases will be assigned to a single arbitrator. If the number of remaining claims is fewer than two hundred (200), then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until such remaining claims are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process will repeat consistent the parameters in this Option Two.

   (c) Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled subject to these procedures for mass arbitration filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

   (d) You and The Wingmate Company  agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and The Wingmate Company  acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these procedures for mass arbitration filings has been reasonably designed to result in an efficient and fair adjudication of claims.

   (e) A court of competent jurisdiction in Atlanta, Georgia, will have the authority to enforce these procedures for mass arbitration filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these procedures for mass arbitration filings apply to your claim, and a court of competent jurisdiction in Atlanta, Georgia, determines they are not enforceable as to your claim, the mandatory arbitration provisions of this Agreement, including the procedures for mass arbitration filings, are non severable from one another and therefore your claim then must proceed in a court of competent jurisdiction in Atlanta, Georgia, consistent with the terms of this Agreement.

Thewingmate.com ACCOUNT PROGRAM TERMS & CONDITIONS

The Thewingmate.com Account program is operated by us. Except as described herein, these Account Program Terms and Conditions (“Account Program Terms”) do not alter in any way the broader Agreement, or terms or conditions of any other agreement you may have with us for other products and services. To the extent there are conflicts between these Account Program Terms and the broader Agreement, these Account Program Terms will control with respect to the Account program.

1. 32.Account Certain areas of the Site require registration or otherwise ask you to provide information to register and participate in certain features or access certain content (“Account”). If you elect not to provide such information, you may not create an Account or be able to access certain content or participate in certain features of the Site.

2. 33.Eligibility. To be eligible to create an Account, you must be at least 18 years old and a legal resident of the United States of America. By enrolling and creating an Account, you confirm that you meet these eligibility requirements.

3. 34.Creating an Account. If you meet the eligibility criteria above, you can create an Account by clicking the account button on the top right of the Site and filling out the registration form. No purchase of any products is required to create an Account. Only one account is allowed per individual. If you create an Account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password.

4. 35.Use of Account. You are responsible for maintaining the confidentiality of your password and Account and for any and all activities that occur under your password or Account. Your Account is for your personal use only. You must not share your Account identification and/or password or in any way make them accessible to others. You agree to notify The Wingmate Company  immediately of any unauthorized use of your Account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Account. The Wingmate Company  is not liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge, and is not responsible for any delay in shutting down your Account after you have reported a breach of security to us.

   You agree that you shall not:

1. • access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your Account for any commercial purposes;
   • do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Site or Account;
   • abuse your Account or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through your Account or using your Account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else); and
   • transfer, sale, or barter (or attempt to transfer, sale, or barter) any of your rewards or member-exclusive promotional offers.

1. 36.Benefits and Rewards. By registering for an Account, you will have access to certain perks, rewards, exclusive offers and other benefits. As a The Wingmate Company  Account holder, you may be eligible for the following additional benefits and rewards. Account benefits and rewards may change at any time but will be communicated to you in line with Section 38 below.

1. • Early Access to Product and Color Releases and Exclusive Perks and Events. The Wingmate Company  Account holders may receive early access to product and color releases and exclusive perks and events, such as free customization for Account holders. Exclusions may apply. See details when provided.
   • Product Registration and Flight Club. The Wingmate Company  Account holders have access to register products through our Flight Club. Registering a product with Flight Club allows Account holders to track and manage purchases (or “gear”), review warranty details, discover The Wingmate Company  product collections, and earn digital stickers. Digital Flight Club stickers are digital only and will not be sent in physical form; however, you may be eligible to receive a free gift upon registering your product. Only The Wingmate Company  Account holders will have access to register a product.
   • Preference Center. The Wingmate Company  Account holders may choose to personalize their Account experience by participating in the Preference Center. The information provided will be used for performance marketing and to build a profile about your interests and preferences, personalize your experience and tailor the products, colors and events we offer you. Account holders may update, edit, add, or delete any of their preferences at any time. Participation is optional.
   • Easy Check Out, Wishlists and Order Tracking. All Account holders will have access to a streamlined check out, return and exchange process, with a history of orders placed and saved addresses and purchase information for ease of check out. Account holders will also have access to save and share wishlist items.

1. Termination; Expiration; Changes to Your Account and the Account Program. Account holders may update certain Account information at any time. To do so, log into your Account and select “Edit” for the section you wish to update. You may also close your Account at any time by contacting us at privacy@Thewingmate.com. We may cancel your Account at any time if we determine that you (a) are ineligible in accordance with the Eligibility Clause above, (b) have violated any of these Account Program Terms, the Agreement, or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Account.

   We may make minor changes to the Account, the features, the Account Program Terms and/or the Agreement from time to time. Please check these Account Program Terms regularly to ensure that you understand the up-to-date terms that apply in relation to your Account.

2. Privacy Policy and Account Communications. The information you provide as an Account holder will be managed by us as described in our Privacy Policy. Unless you have opted out of receiving marketing communications, we may (at our option, and with the exception of text marketing messages for which we will first request your express written consent) communicate with you about marketing via mail, email, and other channels, including special Account holder promotions, offers, and more. We may also use these channels to notify you when you are eligible for a benefit, communicate Account Program changes, and more. Please note that even if you opt-out of receiving marketing or promotional communications, we may continue to send you transactional emails (e.g., notice emails and non-marketing or non-promotional emails), such as those about your Account or our ongoing business relations.

3. Notice of Financial incentive. Under certain US state privacy laws, our Thewingmate.com Account program may be considered a financial incentive or bona fide loyalty program. To view our Notice of Financial Incentive, please visit our Privacy Policy.

4. Dispute Resolution. The dispute resolution terms above (sections 27-31) apply to these Account Program Terms.

The Wingmate Company  TEXT MESSAGING TERMS & CONDITIONS

By using, taking part in, and/or subscribing to the The Wingmate Company  Opt In Text Messaging Service, you agree that you have read and understood, and as a condition to your use of our Text Messaging Service, you agree to be bound by the following Text Messaging Terms & Conditions (“Text Messaging Terms”) and any other applicable terms related to your use of The Wingmate Company’s services. We may modify or cancel the Text Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Text Messaging Terms at any time and your continued use of the Text Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

The Wingmate Company  may send to you text messages (Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”)) that contain promotions and marketing content, order tracking and delivery, back in stock (“Notify Me”) reminders, or other such content (collectively our “Text Messaging Service” and each as a separate “Program” as defined in more detail below). By affirmatively opting into one or more Programs as part of The Wingmate Company’s Text Messaging Service, you expressly consent to receive text messages from The Wingmate Company  (or “The Wingmate Company  Nation” as referred to in certain Programs), including text messages which may utilize or be sent using an automated system, an auto-dialer, an automatic telephone dialing system, and/or other type of system, software, hardware, or machine that may use an automated procedure or process for sending messages, at the mobile telephone number provided at the time of opt-in. You can cancel the text messaging service at any time. Just text “STOP” in response to the text message you received from the The Wingmate Company . For help or questions, you can reply to the text message with the keywords “HELP” or “INFO” for more assistance. Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any message sent or received in connection with this Text Messaging Service. Message frequency may vary. Consent is not a condition of any purchase with The Wingmate Company . You can withdraw your consent at any time.

1. 41.Program Descriptions. As set forth above, The Wingmate Company  (or “The Wingmate Company  Nation”) may use an auto-dialer and/or related systems to deliver text messages to the mobile telephone number(s) that you provide. Text messaging may include one-time or recurring texts related to, but not limited to, the following Programs:

1. • Marketing and Promotional Programs: By opting into a The Wingmate Company  Marketing and Promotional Program, you can expect to receive recurring marketing, promotional, advertising, information and other similar messages such as messages around products, sales, discounts, abandoned cart reminders, events, and other offers, in varying frequencies at the number provided when opting in.
   • Order Tracking and Delivery Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries, and updates related to the same.
   • Back in Stock (Notify Me) Alerts: You may provide your mobile telephone number to opt in to receive text messages about your orders, shipments, and/or deliveries, and updates related to the same.
   • Service Appointments and Customer Service Requests: You may provide your mobile telephone number to opt in to receive text messages about appointments, services, return, warranty or recall claims, and/or reminders and updates related to the same, for example status of in store customization.

1. How to Opt In. To opt in to a text messaging Program, please follow the instructions provided by the specific Program you wish to enroll in, such as through online based enrollment forms with opt-in checkboxes, popups on website visits or by texting a keyword to the five-digit short code associated with the Program (the “Short Code”), and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a Program, you will receive one (1) text message confirming your opt-in to the Program. You may not enroll if you are under 18 years old.

2. How to Opt Out. If you do not wish to continue participating in any Program, or no longer agree to these Text Messaging Terms, directly reply to any message received with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of any Program at any time. You may receive an additional mobile message confirming your decision to opt out. After this, you will no longer receive text messages from us for the Program from which you have unsubscribed. You understand that the text message Program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that The Wingmate Company  will have no liability for failing to honor such requests. If you are subscribed to multiple Programs, you must separately reply STOP to each message for each Program you wish to unsubscribe. If you want to join again, just sign up as you did the first time, and we will start sending text messages to you again.

3. Message Frequency. Message frequency may vary. See specific Programs for more details. To the extent permitted by applicable law, The Wingmate Company  reserves the right to alter the frequency of messages sent at any time. The Wingmate Company  also reserves the right to change the Short Code or phone number from which messages are sent and we will notify you when we do so.

4. Costs. Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages. If you have any questions about your text or data plan, please contact your wireless provider.

5. Data Obtained. Data obtained from you in connection with this Text Messaging Service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to The Wingmate Company  as part of this service or Program. The Wingmate Company  may use this information to contact you and provide services you request from The Wingmate Company . The Wingmate Company  may also use this information as described in the Program you’ve enrolled in. We will not disclose text messaging opt-in data and consent with any third parties for their marketing purposes. For our full information practices, please visit The Wingmate Company’s Privacy Policy.

6. MMS Disclosure. A Program will send SMS messages if your mobile device does not support MMS messaging.

7. Supported Carriers. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Wingmate Company  and the mobile carriers supported by the Program are not liable for delayed or undelivered messages.

   We are able to deliver messages to the following major phone carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.

8. Contact. These message programs are a service of The Wingmate Company  , LLC at 1234 AFD, Brookhaven, GA 30319

   You may contact The Wingmate Company  here or at 404-555-1212

9. Dispute Resolution. The dispute resolution terms above (sections 27-31) apply to these Text Messaging Terms.

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