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Conditions of Use
Conditions of Use
Last updated: January 23rd, 2024
Welcome to www.UncommonWisdom.com and its affiliates (“Uncommon Wisdom”). When you visit or shop at UncommonWisdom.com, use Uncommon Wisdom products or services, use Uncommon Wisdom applications for mobile, or use software provided by Uncommon Wisdom in connection with any of these activities (collectively, “Uncommon Wisdom Services”), you are agreeing to the following conditions. By using the Uncommon Wisdom Services, you agree, on behalf of yourself, all members of your household, and others who use any Uncommon Wisdom Service under your account, to these conditions.
Please read these conditions carefully.
We provide a variety of Uncommon Wisdom Services, and in some cases, additional terms may be applicable. When you use an Uncommon Wisdom Service (such as Your Profile, Gift Cards, Uncommon Wisdom Video, Your Media Library, Uncommon Wisdom devices, or Uncommon Wisdom), you are also bound by the guidelines, terms, and agreements specific to that Uncommon Wisdom Service (“Service Terms”). If there is any inconsistency between these Conditions of Use and the Service Terms, the Service Terms will take precedence.
PRIVACY
Please take a moment to review our Privacy Notice, as it governs your use of Uncommon Wisdom Services and outlines our practices.
ELECTRONIC COMMUNICATIONS
When you use Uncommon Wisdom Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically, including emails, texts, mobile push notifications, or notices and messages on this site or through other Uncommon Wisdom Services, such as our Message Center. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content available through any Uncommon Wisdom Service, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Uncommon Wisdom or its content suppliers. This content is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Uncommon Wisdom Service is the exclusive property of Uncommon Wisdom and is also protected by Canadian and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names found in or accessible through any Uncommon Wisdom Service are trademarks or trade dress of Uncommon Wisdom.com, Inc., or its affiliates, in the United States and other countries. These trademarks and trade dress may not be used in connection with any product or service that is not affiliated with Uncommon Wisdom or its affiliates, in a way that might cause confusion among customers, or in any way that disparages or discredits Uncommon Wisdom or its affiliates. Any other trademarks not owned by Uncommon Wisdom or its affiliates that appear in any Uncommon Wisdom Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Uncommon Wisdom or its affiliates.
LICENSE AND ACCESS
By accepting these Conditions of Use and any Service Terms, and by paying any applicable fees, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license by Uncommon Wisdom and its content providers to access and use the Uncommon Wisdom Services for personal and non-commercial purposes. This license does not permit you to resell or commercially use any Uncommon Wisdom Service or its contents, collect or use product listings, descriptions, or prices, create derivative works based on any Uncommon Wisdom Service or its contents, download or copy account information for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools. You are prohibited from using any output generated from the Uncommon Wisdom Services to develop machine learning models or related technology. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Uncommon Wisdom, its licensors, suppliers, publishers, rightsholders, or other content providers. No Uncommon Wisdom Service or any part of any Uncommon Wisdom Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Uncommon Wisdom. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Uncommon Wisdom without express written consent. You may not use any meta tags or any other “hidden text” utilizing Uncommon Wisdom’s name or trademarks without the express written consent of Uncommon Wisdom. Misuse of the Uncommon Wisdom Services is prohibited. You may use the Uncommon Wisdom Services only as permitted by law. The licenses granted by Uncommon Wisdom will terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
To use certain Uncommon Wisdom Services, you may need to have your own Uncommon Wisdom account and be logged in with a valid payment method associated with it. If there are any issues charging your selected payment method, we may charge any other valid payment method linked to your account. You can manage your payment options by visiting Your Payments. It’s your responsibility to keep your account and password confidential and to limit access to your account. You agree to be accountable for all activities that occur under your account or password. While Uncommon Wisdom does sell products for children, they are sold to adults who can purchase them with a credit card or other authorized payment method. If you are under the age of majority in your province or territory of residence, you may only use the Uncommon Wisdom Services with the involvement of a parent or guardian. Uncommon Wisdom reserves the right to refuse service, terminate accounts, revoke your rights to use Uncommon Wisdom Services, edit or remove content, or cancel orders at its discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
ou are welcome to share reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information on our platform. However, please ensure that your content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. Additionally, your content should not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
Please do not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your content. While we reserve the right to remove or edit such content, we do not regularly review posted content.
By posting content or submitting material, unless otherwise indicated, you grant Uncommon Wisdom a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Uncommon Wisdom and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Uncommon Wisdom for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content. We do not take responsibility or assume liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Uncommon Wisdom values and respects the intellectual property rights of others. If you believe that your intellectual property rights are being infringed, please refer to our Notice and Procedures for Making Claims of Copyright Infringement.
RISK OF LOSS
When you purchase physical items from Uncommon Wisdom, a shipment contract is in place. This means that the risk of loss and title for these items are transferred to you upon our delivery to the carrier. If the items need to cross an international border, the risk of loss and title pass to you when they clear customs in Canada.
RETURNS, REFUNDS AND TITLE
Uncommon Wisdom does not assume ownership of returned items until they are received at our fulfillment center. We may, at our discretion, issue a refund without requesting a return. In such cases, Uncommon Wisdom does not take ownership of the refunded item. For detailed information about our returns and refunds policies, please visit our Returns Centre.
PRODUCT DESCRIPTIONS
While Uncommon Wisdom strives for accuracy, we cannot guarantee that all product descriptions or other content on our platform are entirely accurate, complete, reliable, current, or error-free. If a product offered by Uncommon Wisdom does not match its description, your only recourse is to return it in unused condition, unless the laws of your province of residence provide you with other remedies.
PRICING
“List Price” refers to the suggested retail price of a product as provided by the manufacturer, supplier, or seller. We regularly compare List Prices with recent prices on Uncommon Wisdom and other retailers. Some products may have a “Was Price” displayed, which is determined by the recent price history of the product on Uncommon Wisdom.
For items sold by Uncommon Wisdom, we cannot confirm the price until you place an order. Despite our efforts, a few items in our catalog may be mispriced. If the correct price of an item is higher than our stated price, we may contact you for instructions before shipping, or we may cancel your order and inform you of the cancellation. Other merchants may have different policies regarding mispriced items.
We typically do not charge your credit card until your order has entered the shipping process, or for digital products, until the digital product is made available to you.
APP PERMISSIONS
When you utilize apps developed by Uncommon Wisdom, such as the Uncommon Wisdom App, you may need to grant certain permissions to us for your device. Most mobile devices provide information about these permissions. For further details on these permissions, click here.
SANCTIONS AND EXPORT POLICY
If you are subject to U.S. sanctions or sanctions consistent with U.S. law imposed by the government of the country where you are using Uncommon Wisdom Services, you are not permitted to use any Uncommon Wisdom Service. You must adhere to all U.S. or other export and re-export restrictions that may apply to goods, software (including Uncommon Wisdom Software), technology, and services.
OTHER BUSINESSES
Third parties, not Uncommon Wisdom, operate stores, provide services or software, or sell product lines through the Uncommon Wisdom Services. Additionally, we provide links to the websites of affiliated companies and certain other businesses. When you purchase products or services from these businesses or individuals, you are buying directly from them, not from Uncommon Wisdom. We are not responsible for examining or evaluating these businesses or individuals, including the content of their websites. Uncommon Wisdom does not assume any responsibility or liability for the actions, products, or content of these third parties or any others. It’s important to carefully review their privacy statements and other conditions of use.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE UNCOMMON WISDOM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNCOMMON WISDOM SERVICES ARE PROVIDED BY UNCOMMON WISDOM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UNCOMMON WISDOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE UNCOMMON WISDOM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNCOMMON WISDOM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE UNCOMMON WISDOM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, UNCOMMON WISDOM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNCOMMON WISDOM DOES NOT WARRANT THAT THE UNCOMMON WISDOM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE UNCOMMON WISDOM SERVICES; UNCOMMON WISDOM SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM UNCOMMON WISDOM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, UNCOMMON WISDOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY UNCOMMON WISDOM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY UNCOMMON WISDOM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim arising from your use of any Uncommon Wisdom Service, or from any products or services sold or distributed by Uncommon Wisdom or through Uncommon Wisdom Services, will be resolved through binding arbitration instead of court. This excludes two scenarios: (1) you may bring claims in small claims court if they qualify, and (2) if the laws of your province of residence allow you to resolve your dispute or claim in its courts despite agreeing to arbitration, you can choose to do so or proceed with arbitration.
Arbitration does not involve a judge or jury, and court review of an arbitration decision is limited. Nonetheless, an arbitrator can award individual damages and relief just like a court (including injunctive and declaratory relief or statutory damages) and must adhere to the terms of these Conditions of Use as a court would.
To initiate arbitration, you must send a letter requesting arbitration and outlining your claim to our registered agent at 933 Seymour Street, Vancouver, British Columbia, Canada, V6B 6L6. The arbitration will be overseen by the Canadian Arbitration Association (CAA) under its rules, including the CAA’s Supplementary Procedures for Consumer-Related Disputes. The CAA’s rules can be found at [insert link] or by calling 1-250-713-7262. All filing, administration, and arbitrator fees will be determined by the CAA’s rules. For claims totaling less than $10,000, we will reimburse these fees unless the arbitrator deems the claims frivolous. Similarly, Uncommon Wisdom will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You can choose to conduct the arbitration by telephone, based on written submissions, or in person in your county of residence or another agreed-upon location.
We both agree that any dispute resolution proceedings will only be conducted individually, and not as part of a class, consolidated, or representative action. If a claim is brought to court instead of arbitration, we both waive any right to a jury trial. Additionally, we both agree that either party may seek injunctive relief in court to prevent the infringement or misuse of intellectual property rights.
APPLICABLE LAW
By using any Uncommon Wisdom Service, you consent to the application of the Canadian Federal Arbitration Act, relevant Canadian federal law, and the laws of the province of British Columbia, Canada, without regard to conflict of laws principles. These laws will govern these Conditions of Use and any dispute that may arise between you and Uncommon Wisdom, unless Canadian federal or provincial law dictates otherwise.
GOVERNING LANGUAGE
The parties expressly agree that these Conditions of Use be written in English. In case of any inconsistency, discrepancy, or conflict between the English version of these Conditions of Use and their translation into another language, the English version will take precedence.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, which are posted on this site and also govern your use of Amazon Services. We reserve the right to modify our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions are deemed invalid, void, or unenforceable for any reason, that condition will be considered severable and will not affect the validity and enforceability of the remaining conditions.
OUR ADDRESS
Our Address
Our Mailing Address
UncommonWisdom.com c/o Uncommon Wisdom Consulting Corp.
ADDITIONAL UNCOMMON WISDOM SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation that we provide to you in connection with Uncommon Wisdom Services (the “Uncommon Wisdom Software”).
Use of the Uncommon Wisdom Software. Use of Uncommon Wisdom Software is permitted solely for enabling you to use Uncommon Wisdom Services as provided by Uncommon Wisdom, and as allowed by these Conditions of Use and any Service Terms. You are not permitted to integrate any part of Uncommon Wisdom Software into other programs, compile any part of it with other programs, copy (except for exercising rights granted in this section), modify, create derivative works of, distribute, assign rights to, or license Uncommon Wisdom Software in whole or in part. All software used in any Uncommon Wisdom Service is the property of Uncommon Wisdom or its software suppliers, protected by Canadian and international copyright laws.
Use of Third Party Services. When using Uncommon Wisdom Software, you may also be utilizing services from third parties, such as a wireless carrier or mobile software provider. Your use of these third-party services may be governed by their individual policies, terms of use, and fees.
No Reverse Engineering. You are prohibited from reverse engineering, decompiling, or disassembling, tampering with, or bypassing any security associated with the Uncommon Wisdom Software, whether in whole or in part.
Updates. We reserve the right to provide automatic or manual updates to the Uncommon Wisdom Software at any time and without prior notice to you.
Conflicts. If there is a conflict between these Conditions of Use and any other Uncommon Wisdom or third-party terms that apply to a specific part of Uncommon Wisdom Software, such as open-source license terms, the other terms will take precedence regarding that part of the Uncommon Wisdom Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form is suitable for reporting all types of intellectual property claims, including but not limited to, copyright, trademark, and patent claims. We respond promptly to rights owners’ concerns regarding alleged infringement, and we terminate repeat infringers when necessary. For copyright complaints only, you may submit written claims of infringement to our Copyright Agent at the following address:
Copyright Agent
UncommonWisdom.com Legal Department
Phone: (250) 713 7262
Email: [email protected]
Courier address:
Copyright Agent
UncommonWisdom.com Legal Department
For copyright infringement claims, written submissions must include the following details:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work you claim has been infringed.
Information about where the infringing material is located on the site.
Your address, telephone number, and email address.
A statement by you, asserting in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.