2. VENUE DISCLAIMER
We are not responsible for any misuse of the products purchased. We do not endorse any particular brand and they do not endorse us. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. THE INFORMATION, INCLUDING ANY ADVICE AND RECOMMENDATIONS, ON THE SITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO THE INFORMATION, PRODUCTS OR OTHER MATERIAL YOU OBTAIN FROM OUR SITE.
3. INTELLECTUAL PROPERTY
a) All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected internationally under trademark, copyright and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal, non-commercial use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.
b) You retain all rights to the content you submit (e.g. reviews & suggestions), provided, however, that, by submitting content to us, you grant us license to publicly display your content without compensation to you.
4. DMCA POLICY AND COPYRIGHT INFRINGEMENT
If you believe that any Site materials (“Content”) violates your copyright, please send us a notice of copyright infringement to email@example.com. In accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (together, the “DMCA”), it is our policy to disable access to or remove material we believe in good faith violates applicable law. You must use the following format for your written notification:
a) Identify in sufficient detail your copyrighted work that you believe has been infringed by Content on our Site;
b) Identify the Content on the Site that you claim infringes your copyrighted work, identify all Content that you believe infringes, describe how the Content infringes your work. In the event that the allegedly-infringing Content is located in more than one place on the Site, identify each location;
c) Provide your contact information, including your full name, mailing address, telephone number and e-mail address, if any;
d) Include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
e) Include a statement that the information in the notification is accurate, and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
f) Sign the written notification physically or electronically.
After we receive your infringement notice, we will review it. If your notice contains the required information, as outlined above, and if we have a good-faith belief that the Content is infringing your copyright, we will remove or disable access to the infringing Content.
5. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
a) If you place an order, you have a full capacity to form a legally binding contract.
b) You will provide a valid payment method information when necessary and pay all sums due when due.
c) The title to the items purchased does not transfer to you until we have received payment in full. Our Site may contain typographical errors or other inaccuracies.
e) All content you submit to or Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site. Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
f) Our Site content may not be copied for republication, either online or on paper, without the prior express written permission from us.
g) You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
h) You will not access our Site in order to gain a competitive advantage.
i) You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
j) All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
k) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
l) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party’s intellectual property rights and rights of privacy and publicity.
6. REMEDIES FOR BREACH OF THESE TERMS
a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
b) UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM.
c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
9. NO RETURNS
All sales made on our Site are final. Our products are custom made and we cannot issue refunds, exchanges, etc. We cannot accommodate add-on’s to previous orders. Please double check that you have everything in your cart. Once the order has been paid it is not possible to add products to the order.
10. GOVERNING LAW
Urban Debris LLC, a Pennsylvania company, owns and operates this Site from offices in Pennsylvania. By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Pennsylvania, without regard to its conflict of laws principles which would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in Lancaster County, PA.
a) Electronic Communictations.You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
d) Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
e) No Waiver.Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
12. CONTACT US
Please direct your questions, comments or concerns to: firstname.lastname@example.org