Terms of Use

Your use of, and transactions with, the Wall-Ah! Website are subject to the following terms and conditions. Please read the following carefully.

Wall-Ah! LLC owns, controls and operates this website, and is located at 6101 Washington Blvd. Suite 200 Culver City, CA 90232 (“Website”). Wall-Ah! controls and operates this Website within the United States of America. This Website provides information regarding services and products that are made available in the United States only, unless otherwise specifically noted. You are responsible for compliance with all federal, state and local laws applicable to your access to, and use of, this Website.

Use and Access of this Website: You agree and acknowledge that you are at least 18 years old, and that you will comply with all terms and conditions herein. The Terms of Use are a binding and fully enforceable contract between Wall-Ah! and you, and your use affirms your agreement to them. You will not use our Website in any illegal, prohibited, destructive or harmful manner to anyone or property. You will not use the Website to send or transmit any bugs, viruses, or other destructive or harmful computer software, send spam or other unsolicited communications, interrupt network services, or otherwise gain unauthorized access to our Website or disrupt our ability to operate our Website. Furthermore, You agree that you will not use any robot, spider, or other automated means to access the Web Site for any purpose. Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site or bypass any measures we may use to prevent or restrict access to the Web Site. You will not upload or otherwise transmit obscene, violent, discriminatory, offensive, sexually explicit language, images or recordings, or any material that harms minors, including content that violates child pornography laws, nor any language, images or recordings that harasses, insults, defames or intimidates any person, or encourages or advocates criminal or illegal activities, or otherwise defames or denigrates the name and goodwill of Wall-Ah! or its affiliates. You will not transmit or upload any intellectual property that infringes on any person’s rights or privacy, or any confidential or proprietary information, or trade secrets.

Wall-Ah! reserves the right to deny your access to and use of this Website at any and all times, in its sole discretion and without notice. You may not use or attempt to use any part of this Website to represent that you have any affiliation with Wall-Ah! or any relationship with Wall-Ah!. You may not transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Website, nor to any third parties via the Website.

You agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website.

Wall-Ah! may revise these Terms of Use at any time, in its sole discretion and without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Website at the time you access this Website. Furthermore, you agree and acknowledge that all content, products and materials on or available through this Website are subject to updating and revision without notice to you.

Privacy Policy

Please review our privacy policy, which defines our rights and obligations regarding use of personally identifiable information.

Intellectual Property and Copyright Notice:

Unless otherwise specified herein, all materials appearing on this site, including the text, site design, logos, graphics, icons, images and any audio-visual materials elements included herein, as well as the selection, assembly and arrangement thereof, are the sole property of Wall-Ah! LLC, Copyright © 2015, All Rights Reserved. You may use the content of this site only for the purpose of shopping on this site, or placing an order on this site, and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Our Website also contains intellectual property from the following third parties, pursuant to valid and enforceable agreements with said licensors and providers. You may use such third party content on this site solely for the purpose of shopping on this site, or placing an order on this site, and for no other purpose. No third party materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved to the applicable third parties. Any unauthorized use of any third party materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

[LIST THIRD PARTY COPYRIGHT NOTICES HERE:]

Digital Millennium Copyright Act:

If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
  • • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
  • • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to customerservice@wall-ah.com with the subject "DMCA". You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.

Personal Information and Communications with Wall-Ah!:

You must supply accurate and complete billing and shipping information to complete the purchase of any products via our website, and such information may be subject to verification prior to accepting your order. You agree to pay all charges and amounts required, including all shipping costs and taxes, when you place your order. Products, availability and prices are subject to change without notice, and we may discontinue a product or limit quantity available at any time. Wall-Ah! will honor current pricing at the time of your order, however, Wall-Ah! reserves the right to change pricing, at anytime without notice. We reserve the right to refuse any order in our sole discretion, or change the terms of any promotional code or coupon.

You are solely responsible for protecting and maintaining the confidentiality of your user identification, password or other identifying information in connection with your use of this Website. You will notify Wall-ah! immediately if your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge that you are solely responsible for all damages or claims that may arise from any access to or use of this Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Opt-Out: When you submit information through the Wall-Ah! Website or otherwise, you are giving Wall-Ah! and its affiliates permission to contact you. Wall-Ah! may use your information to send marketing or promotional communications to you, or send your information to its affiliates, to do the same. If you do not wish to receive advertising and promotional messages from Wall-Ah! or its affiliates, you may opt-out by sending an e-mail to optout@wall-ah.com.

Communications with us via our Website, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Personalized or Customized Products:

Wall-Ah! may offer personalized or customized products, based on content submitted or specifically requested by you (“Custom Products”). If you provide such content for Custom Products, you warrant and represent that you own or control all rights necessary in the content submitted, that such content will not infringe or violate any other person, company or entity’s intellectual property rights, privacy rights or any neighboring rights thereto, that you have written authorization to use any likeness of any identifiable individual (or such individual’s parent or guardian, if they are under eighteen (18) years of age) in such content, and you will not create any Custom Products for any illegal purpose or intent. Custom Products are not returnable for any reason, other than product defect.

Any user submitted or published content remains the intellectual property of the individual user. By submitting or posting content on our Website, you grant Wall-Ah! a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Linking and Third-Party Advertising:

This Website may contain links to third party Websites that are not owned, operated or controlled by Wall-Ah! or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

Refunds and Returns:

Please see our return policy for more information.

Disclaimers:

Your use of this Website is at your risk. The information, materials and services provided on or through this web site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Wall-Ah!, nor any of its respective affiliates warrants the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this web site may be out of date, and neither Wall-Ah!, nor any of its respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Wall-Ah! and its service providers are not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If Wall-Ah! or its service providers forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than Wall-Ah! or our employees for which Wall-Ah! assumes no liability whatsoever. Wall-Ah! disclaims any representation or warranty that company e-mails are virus free and/or error free. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with Wall-Ah!'s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law. The Internet is an open network and any communication sent via the Internet is not secure or confidential. While our websites employ technologies to secure your data and the transmissions between you and our Company, we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, destroyed, delayed, or intercepted/decrypted by others. Therefore Wall-Ah! advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, intercepted, decrypted or otherwise misappropriated by others.

Limitation of Liability:

You agree that under no circumstances will Wall-Ah! be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this web site or the content, services, calculations, information, products or materials on or available through this web site, or the performance of the products purchased through the website, or the conduct of other users of this website, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any content, services, calculations, information, products or materials on or available through this website. You agree that Wall-Ah! shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Wall-Ah!'s total liability to you for damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, in accessing or using this website.

Indemnification:

Any unauthorized use of this Website or violation of these Terms of Use may result in violation of laws of the United States, as well as applicable state laws, and may be subject you to penalties, and (b) you may be responsible for damages caused to Wall-Ah!. You agree to defend, indemnify and hold Wall-Ah! and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.

MISCELLANEOUS:

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. You acknowledge that this Website, as well the products sold by Wall-Ah!, including those that may be available through this Website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Wall-Ah! is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond our reasonable control.)

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Website shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability: If any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

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