Terms of service

GENERAL TERMS AND CONDITIONS:

OVERVIEW 

This website is operated by WMS INC DBA Wired Media Solutions. Throughout the site, the terms “we”, “us” and “our” refer to WMS INC DBA Wired Media Solutions. WMS INC DBA Wired Media Solutions 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 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 an online e-commerce platform that allows us to sell our products and services to you.

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 the 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 Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 the sole discretion of us. 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 detail, please review our Returns 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 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 are 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. 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see the link located on the footer of the main page. 

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 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

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

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Crestron Home Drivers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Crestron Home Drivers 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 - 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 16 - 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 17 - 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 constitutes 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 18 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States. 

SECTION 19 - CHANGES TO 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, 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 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at drivers@wiredms.com.

DOWNLOADABLE SOFTWARE TERMS OF SERVICE:

SECTION 1 - INTRODUCTION

These terms and conditions shall govern the sale and supply of downloadable software programs through our website, and the use of those software programs.

You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

This document does not affect any statutory rights you may have as a consumer.

SECTION 2 - INTERPRETATION

In these terms and conditions: (a) "we" means WMS INC BDA Wired Media Solutions. (and "us and "our" should be construed accordingly); (b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly); (c) "software programs" means those software programs that are available for purchase on our website; and (d) "your software programs" means any such software programs that you have purchased through our website (including any enhanced or upgraded version of the software programs that we may make available to you from time to time)

SECTION 3 - ORDER PROCESS

The advertising of software programs on our website constitutes an "invitation to treat" rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

To enter into a contract through our website to purchase downloadable software programs from us, the following steps must be taken: you must add the software programs you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgment, and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

You will have the opportunity to identify and correct input errors prior to making your order.

SECTION 4 - PRICING

Subject to the terms and conditions listed within the general terms and conditions.

SECTION 5 - PAYMENTS

You must, during the checkout process, pay the prices of the software programs you order.

Payments are made through our payment gateway.

Subject to the terms and conditions listed within the general terms and conditions.

SECTION 6 - LICENSING OF SOFTWARE

We will supply your software programs to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.

Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable license to make any use of your software programs permitted by the permitted uses statement, providing that you must not in any circumstances make any use of your software programs that are prohibited by prohibited uses statement. The "permitted uses" of your software programs are: (a) downloading a copy of each of your software programs; (b) installing a copy of each of your software programs in accordance with the license purchased on desktop, laptop, or notebook computer; (c) using your software programs.

The "prohibited uses" of your software programs are: (a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, or redistribution of any software program (or part thereof) in any format; (b) the editing, modification, adaptation or alteration of any software program (or part thereof), and the creation of any derivative work incorporating any software program (or part thereof); (c) the use of any software program (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; (d) the use of any software program (or part thereof) to compete with us, whether directly or indirectly;

(e) the reverse engineering, decompilation or disassembly of any software program (or part thereof); and (f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorized use, providing that nothing in this section will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

You warrant to us that you have access to the necessary computer systems, media systems, software, and network connections to receive and enjoy the benefit of your software programs.

All intellectual property rights and other rights in the software programs not expressly granted by these terms and conditions are hereby reserved. You must retain, and must not delete, obscure, or remove, copyright notices and other proprietary notices on or in any software program. The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights. If you breach any provision of these terms and conditions, then the license set out in this Section 6 will be automatically terminated upon such breach. Upon the termination of a license under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant software programs in your possession or control, and permanently destroy any other copies of the relevant software programs in your possession or control.

SECTION 7 - ADDITIONAL USERS

You must not permit any other person to use your downloads or to exercise any of the other rights granted to you under these terms and conditions.  If you are a business, then your employees may use the software in accordance with Section 6, provided that you must ensure that any person using the downloads in accordance with this Section 7 are made aware of and complies with the requirements of Section 6.

SECTION 8 - FREE TRIAL

We may provide you with a complimentary trial of the software for a limited period and limited functionality. Your rights to use of free trial software programs shall be restricted in such manner and/or to such period as we may specify when you download the software programs, and we may apply technological protection measures to the software programs to enforce these restrictions. We may restrict your license to use any free trial software program at any time, by giving you written notice of the restriction or activating the restriction in the relevant software program. We may terminate your license to use any free trial software program at any time, by giving you written notice of termination or deactivating the relevant software program.

SECTION 9 - REFUNDS AND CANCELATION RIGHT

The products purchased through this site are subject to the terms and conditions listed within the general terms and conditions. Refunds and cancelations are subject to the Refund Policy. To view our Refund Policy, please see the link located on the footer of the main page. 

SECTION 10 - WARRANTIES & REPRESENTATIONS

You warrant and represent to us that: (a) you are legally capable of entering into binding contracts; (b) you have full authority, power, and capacity to agree to these terms and conditions; and (c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading. We warrant to you that your software programs will be supplied to you with reasonable care and skill. All of our warranties and representations relating to software programs are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11, all other warranties and representations are expressly excluded.

SECTION 11 - LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions: (a) are subject to Section 11; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database, or software. We will not be liable to you in respect of any special, indirect, or consequential loss or damage. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

SECTION 12 - VARIATION

We may revise these terms and conditions from time to time by publishing a new version on our website. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

SECTION 13 - ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these terms and conditions. 

SECTION 14 - NO WAIVERS

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

SECTION 15 - SEVERABILITY

If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

SECTION 16 - THIRD PARTY RIGHTS

A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any third party. Subject to the terms and conditions listed within the general terms and conditions.

SECTION 17 - ENTIRE AGREEMENT

Subject to Section 11, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads. Subject to the terms and conditions listed within the general terms and conditions.

SECTION 18 - LAW AND JURISDICTION

Subject to the terms and conditions listed within the general terms and conditions.

SECTION 19 - STATUTORY AND REGULATORY DISCLOSURES

Subject to the terms and conditions listed within the general terms and conditions.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at drivers@wiredms.com. For more information, please refer to the general terms and conditions.