WILLSSORCE TERMS OF USE & CONDITIONS OF SALE
This website and/or its mobile sites and applications (individually, and collectively, the “Site”) is owned and operated by WILLSSORCE, LLC, a NEW YORK limited liability company (“WILLSSORCE,” “us” or “we” or “our”). Whether you are a browser, vendor, supplier, customer, or merchant, these terms of use and conditions of sale (“Terms of Use”) apply to your use of the Site. Additionally, your use of the Site is governed by the Privacy Notice and Membership Terms, which are incorporated herein by reference.
Please read these Terms of Use carefully before accessing or using the Site. All information, tools, products, and services available on the Site are conditioned upon your acceptance of these Terms of Use. Your continued use of the Site constitutes your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not use the Site.
PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED BY ARBITRATION. PLEASE REVIEW SECTION 12 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

1. GENERAL TERMS

Minors are not permitted to use the Site. You must be eighteen (18) years of age or older and a resident of the United States to use the Site. You represent that all information, data and other materials provided to the Site or to WILLSSORCE LLC are true, accurate, current and complete. You are responsible for updating and correcting any information that is not true, accurate, current or complete, as appropriate.
WILLSSORCE LLC is controlled and operated from its offices within the United States. WILLSSORCE makes no representation that the information, tools, products, and services available on the Site are for use in other locations.

1. PRIVACY NOTICE

WILLSSORCE LLC’s Privacy Notice, which applies to the collection, use, storage, disclosure, and other processing of personal information by WILLSSORCE, may be accessed by clicking the following link: WILLSSORCE Privacy Notice. You consent to any personal information that we may collect, use, store, disclose, and otherwise process in accordance with the terms of WILLSSORCE’s Privacy Notice.

1. LICENSE AND SITE ACCESS

All content available through the Site (including, without limitation, text, design, graphics, logos, images, as well as the selection and arrangement thereof) is the exclusive property of WILLSSORCE, its vendors, suppliers, affiliates, partners or its content providers, and is protected by copyright, trademark and other applicable US intellectual property laws.
WILLSSORCE grants you a limited license to access and make personal use of the Site. Unless otherwise indicated, you may access, copy, download and print the content available for the Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other intellectual property notices that appear in the content. WILLSSORCE retains full and complete title to the content available on the Site, including all associated intellectual property rights, and provides this content to you under a limited license that is revocable at any time in WILLSSORCE’s sole discretion and without notice. WILLSSORCE strictly prohibits any other use of any content available through the Site. Termination of your use and access of the Site will not waive or affect any other right, relief or remedies to which WILLSSORCE may be entitled, at law or in equity.

1. INFORMATION YOU SUBMIT

You acknowledge that you are responsible for any information submitted to the Site. As stated above, you represent that all information, data and other materials provided to the Site or to WILLSSORCE are true, accurate, current and complete. As such, you may not use a false email address or other false identifying information, impersonate any person or entity or other mislead as to the origin of any information. Some features available on the Site may require registration. By registering, again, you agree to provide true, accurate, current and complete information about yourself.

1. THIRD-PARTY LINKS

The Site may contain links to other websites, resources, or other online venues that are operated by third parties not affiliated with WILLSSORCE. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are in no way responsible or liable for any third party, content, advertising, products, services, or other materials on or available for such websites, resources, or other online venues. Inclusion of links to other websites, resources, or online venues should not be considered as an endorsement of the content therein. Different terms and conditions and privacy policies may apply to your use of any linked sites, resources, or online venues. WILLSSORCE is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on such third party content, advertising, products, services, or other materials available on or through any such linked website, resource, or other online venue.

1. FINE ART DISCLAIMER

We are not able, nor do we carry out due diligence on each artwork that we may sell. Any and all artwork descriptions are provided by us by the artist or consignor. We will use reasonable care when making express statements in descriptions or condition reports based on the information provided to us by the artist or consignor. However, these descriptions and condition reports are not warranties or guarantees (express or implied) and each artwork is sold “as is.”
All representations or statements made by WILLSSORCE as to the authorship, origin, date, age, size, medium, attribution, genuineness, provenance, condition or estimated selling price of any artwork, is a statement of opinion only. All photographic representations, descriptions and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of tone or color or necessarily to reveal any imperfections, defects in the artwork.
Neither the artist, consignor, ourselves, our officers, employees or agents, give any representation, warranty or guarantee (express or implied) or assume any liability of any kind in respect of any artwork with regard to merchantability, fitness for particular purpose, description, size quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance.

1. PURCHASES; RETURNS AND EXCHANGES

• Product and Service Descriptions
• WILLSSORCE attempts to provide accurate descriptions of products and services on the Site. WILLSSORCE does not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered on the Site is not as described, your sole remedy is to request return of the product, as specified herein.

• Pricing Information
• WILLSSORCE strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, warrant against pricing errors. WILLSSORCE reserves the right, at its sole discretion to not process or to cancel any order placed for a product or service where the price was incorrectly posted on the site as a result of an error. If this occurs, WILLSSORCE will notify you by email. In addition, WILLSSORCE reserves the right, at its sole discretion, to correct any error in the stated pricing information.

• Order Processing
• WILLSSORCE may, in its sole discretion, decide not to process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances, WILLSSORCE deems appropriate in its sole discretion. WILLSSORCE also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. WILLSSORCE will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, WILLSSORCEreserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).

• Returns and Refunds
• Most of our products are custom, hand-crafted products. The beauty is in the natural variations, the irregular distresses, sporadic oxidations, and color fluctuations. These are normal characteristics that will not affect the performance of your product and are not considered to be a manufacturer defect.

If the purchased product is listed as “Final Sale,” it is not eligible for return. WILLSSORCE accepts returns on certain products not listed as “Final Sale” on a case-by-case basis. A 10% restocking fee will be applied to all eligible returns. Returnable products can be returned within 14 days of receiving shipment. We offer two refund options for eligible returns: (1) you can select to return for credit, less a 10% restocking fee, or (2) you can select to return for a refund to the original form of payment, less a 10% restocking fee. WILLSSORCE will begin processing your eligible return as soon as it is delivered to our warehouse. You will receive an email notification letting you know that we have received your return.
Once accepted and processed, you will see your WILLSSORCE credit appear in your WILLSSORCE member account within 3-5 business days. If you opt for a refund to the original form of payment, you will see your refund within 10-14 business days, depending on your financial institution. Where we issue a refund and subsequently determine in our discretion that your return did not comply with our return policy and/or was the result of fraud, we reserve the right to recharge your payment method on file for the product(s) purchased.

• Wrong, Damaged or Defective Products
• If you received a damaged, defective or incorrect item, please contact WILLSSORCE immediately at the email address or telephone number provided at the end of these Terms of Use agreement. It is your responsibility to inspect your product upon delivery. Any damage that occurs upon delivery must be noted on the delivery receipt and reported immediately. Any damaged not noted on the delivery receipt will be considered to be customer damage, and not warranted. If not reported within 24 hours of delivery, the defects and variances will be considered “acceptable” and will not be eligible for return. We will work with you to resolve the issue to best of our abilities. If you choose to return a damaged, defective, or incorrect product, the purchase price, taxes and delivery fees will be refunded.

• Product and Service Availability
• The Site may contain information regarding availability of a product and/or service. This information can be used to estimate the likelihood that a product will be shipped in accordance to such information. Unfortunately, WILLSSORCE cannot guarantee that a product purchased will ship immediately, or that a service will be provided immediately, as inventory and offered services can change significantly from day-to-day. Purchased products that are in stock will be delivered within 2-4 weeks from the date of purchase, depending on the location of your residence. No time frame is guaranteed. Once your purchased products arrive at our warehouse, you will be contacted to set up a delivery date to your residence. If WILLSSORCE determines that a product or service you wish to purchase is no longer available, the product or service will be canceled from your order. WILLSSORCE will notify you by email if any product or services cannot be provided.

• Delivery and Shipping
• . See our Delivery and Shipping policy, which may change from time to time.

• Risk of Loss
• . The products purchased through the Site are shipped by a third party carrier pursuant to the shipping and delivery contract. As a result, risk of loss and title for such products pass to you upon deliver to the carrier.

1. DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WILLSSORCE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED FROM WILLSSORCE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WILLSSORCE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

1. LIMITATION OF LIABILITY

THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE SITE ARE VENDORS, SUPPLIERS, OR INDEPENDENT CONTRACTORS OF WILLSSORCE AND ARE NOT AGENTS OR EMPLOYEES OF WILLSSORCE. NEITHER WILLSSORCE NOR ITS AFFILIATES OR PARTNERS SHALL BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), WILLSSORCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WILLSSORCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). IT IS THE RESPONSIBILITY OF THE USER (YOU) TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE.
YOU AND WILLSSORCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.

1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless WILLSSORCE and its partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, vendors, employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach to these Terms of Use or the agreements they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with us in asserting any and all available defenses.

1. ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to WILLSSORCE you are communicating with WILLSSORCE electronically. You consent to receive electronically any communications related to your use of the Site. WILLSSORCE will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from WILLSSORCE intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.

1. DISPUTE RESOLUTION; GOVERNING LAW; NO CLASS ACTIONS

• You agree to resolve any disputes with WILLSSORCE through binding and final arbitration instead of through court proceedings. You hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and WILLSSORCE (a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act (“FAA”)and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use including, but not limited to, a claim that all or any part of these Terms of Use is void or voidable. At your choice, arbitration may occur by video, telephone or be on a documents-only basis, otherwise, the arbitration shall be held in New York State. The arbitrator shall apply NEW YORK STATE law consistent with the FAA.

• Informal Dispute Process
• . Either party asserting a claim shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 60 days in which to respond. Notice shall be made by first class or registered mail (1) to WILLSSORCE, Attention: Legal Department, 31 Minnekahda Place , Chattanooga , Tennessee, 37405 or (2) to you at the address on file with WILLSSORCE. Both you and WILLSSORCE agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. You or we must include a copy of the notice and proof of mailing with any arbitration demand.

• CLASS ACTION WAIVER
• . All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. You also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

1. SURVIVAL OF TERMS

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

1. FORCE MAJEURE

WILLSSORCE shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) disease, epidemics or quarantines; (3) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of WILLSSORCE.

1. SEVERABILITY

In the event that a provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions, hereof, all which shall remain in full force and effect.

1. CHANGES TO THESE TERMS OF USE

You may review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use 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 following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

1. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

1. CONTACT INFORMATION

Questions about these Terms of Use should be sent to us at w@wills-baker.com. You may also write us at:
WILLSSORCE, LLC
Attn: Legal Department
31 Minnekahda Place,
Chattanooga, TN 37405
COMMITMENT TO ACCESSIBILITY
WILLSSORCE is committed to creating an engaging, user-friendly shopping experience that is accessible to all of our members. Our goal is to enhance accessible digital design and functionality in the development of our websites and mobile applications, guided by the Web Content Accessibility Guidelines (WCAG) 2.1, and complying with Americans with Disabilities Act (ADA) and other applicable regulations. Your feedback is welcome. If you have any questions or have difficulty using any of our platforms, please reach out to our customer service team for assistance at w@wills-baker.com