Terms of Use

Terms of Use.  PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  By using this website in any manner, including, but not limited to, visiting and browsing, you agree that your use is subject to and will comply with the terms and conditions set forth herein and all of our other rules, policies and procedures, including, but not limited to our Privacy Policy (collectively, the “Terms of Use”), published with or without notice to you, at any time and from time to time in this website.  If you do not agree to the Terms of Use, please do not use this site. 

Third Party Beneficiary.  This website is provided to you using Shopify, who is a third-party beneficiary of all rights and privileges arising or resulting from the Terms of Use.

Intellectual Property.  This website contains Content provided by us, Shopify, social media sites and our respective third-party service providers.  For purposes of the Terms of Use, the term “Content” includes, but is not limited to, information, data, text, graphics, photographs, videos, audio clips, written posts and comments, software, scripts and interactive features generated, provided or otherwise made available on or through this website.  Your use of the Content provided in this website is subject to our intellectual property rights and the intellectual property rights of Shopify, the relevant social media sites and our respective third-party service providers. 

Use of Content.  You agree to abide by, and not infringe on, any copyright, trademark, service mark, patent, trade secret and other proprietary right held by any person with respect to any and all Content.  You may copy, download and print Content for the sole purpose of purchasing our products displayed in this website or placing an order electronically using our website.  Any other use, including, but not limited to, the modification, reproduction, distribution, display or transmission of Content of this site is strictly prohibited.  

Prohibited Uses.  You are responsible for all of your activity within this website.  You agree not to (directly or indirectly): (i) interfere or attempt to interfere with the proper working of this website; (ii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to any portion of this website (or other accounts, computer systems or networks connected to this website); (iii). use manual or automated software, devices, or other processes to “crawl” or “spider” any page of this website; (iv) harvest or scrape any Content from this website; (v) otherwise take any action in violation of the Terms of Use; (vi) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of this website, except to the limited extent permitted by applicable laws; or (vii) modify, translate, or otherwise create derivative works of any part of this website.

You may not harass any person in any manner or form using this website or its associated social media sites, including via e-mail, chat, or by use of obscene or abusive language.  You may not impersonate others, including our equity owners, officers, directors, employees, agents, licensors and suppliers.  You may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on this website or, except as permitted by applicable laws, use this website to solicit others to join or become members of any other commercial online service or other organization.

We reserve the right to block or remove communications or materials that we determine, in our sole discretion, to be (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property right of another or (iv) offensive or otherwise unacceptable to us, in our sole discretion.

Warranty Disclaimer.  You release us from all liability for your use of Content through this website.  We make no representations or warranties concerning any Content contained in or accessed through this website, and we are not responsible or liable for the correctness, accuracy, completeness, adequacy, usefulness, performance, timeliness, reliability, security, suitability, copyright compliance, or legality of any Content contained in or accessed through this website.  Your use of this website and the services provided herein are at your sole risk. 

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  WE, SQUARESPACE AND OUR RESPECTIVE EQUITY OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, THIRD-PARTY SERVICE PROVIDERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THIS WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) ANY CONTENT AVAILABLE AT OR THROUGH THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THE RESULTS OF USING THIS WEBSITE WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY.  IN NO EVENT SHALL WE OR SHOPIFY, OR OUR RESPECTIVE EQUITY OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE SERVICES PROVIDED HEREIN, FOR ANY (I) LOST PROFITS, DATA LOSS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) ANY OTHER DAMAGES, IN EACH CASE, IN EXCESS OF AMOUNTS YOU OR SUCH PERSONS HAVE PAID TO US FOR OUR PRODUCTS ORDERED BY YOU OR SUCH PERSONS USING THIS WEBSITE.

YOU HEREBY RELEASE US AND SHOPIFY AND HOLD US AND SHOPIFY AND OUR RESPECTIVE EQUITY OWNERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS EMPLOYEES, SUCCESSORS AND ASSIGNS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE.  YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE

EXCLUSIVE REMEDY.  IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THIS WEBSITE, INCLUDING, BUT NOT LIMITED, TO THE SERVICES PROVIDED HEREIN.  UNDER NO CIRCUMSTANCES SHALL WE, SHOPIFY, AND OUR RESPECTIVE AFFILIATES OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you

Indemnification.  You agree to indemnify, defend, and hold us, Squarespace and our respective equity owners, officers, directors, employees, affiliates, subsidiaries, agents, licensors, suppliers, successors and assigns (collectively the “Indemnified Persons”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising or resulting from or in connection with your violation, directly or indirectly, of the Terms of Use.

Third-Party Links.  This website may contain links to other websites owned and operated by other parties (each, a “Third Party Website”).  We have no control over these Third Party Websites, all of which have separate privacy and data collection practices, and terms and conditions of use (the “Third Party Terms of Use”).  You acknowledge and agree that your use of such Third Websites is made at your sole risk and is subject to the relevant Third Party Terms of Use.

Notices.  Notices to you may be delivered by us by means of e-mail, by other reliable method to the address you have provided to us or a general notice posted on this website. 

Miscellaneous.  Your use of this website shall be governed in all respects by the laws of the State of New York, without regard to choice of law provisions.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to your use of this website, including, but not limited to, the purchase of our products using this website.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to your use of this website, including, but not limited to, the purchase of our products using this website, shall be in the state or federal courts located in Nassau County, New York.  Any cause of action or claim you may have arising or resulting from or in connection with your use of this website, including, but not limited to, the purchase of our products using this website, must be commenced within one (1) year after the claim or cause of action arises.  Our failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  We may assign its rights and duties under the Terms of Use to any party at any time without notice to you.  We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, discontinue this website or suspend or block your use of this website, at any time, with or without notice to you.  Please review the Terms of Use frequently.  Your continued use of this website following any changes to these Terms of Use constitutes acceptance of those changes.  These Terms of Use constitute the entire agreement between you and us with respect to your use of this website, including but not limited to your purchase of our products using this website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.  If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.