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Welcome to the WE'VE, LLC Web site, www.wevebuilt.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site, including any Content, functionality and services offered through the Site (this "Agreement").
By using the Site and creating a WE'VE account, you represent and warrant that you are of legal age to form a binding contract with WE'VE. Minors are not permitted to buy or sell property or enter into other transactions on the Site.
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 we make a change to or cancel an order, we will 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.
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, Content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, Content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled or licensed by WE'VE, LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote WE'VE, LLC's products and services available in the United States. The Site is controlled and operated by WE'VE, LLC from its offices in San Francisco, CA. We make no claims that the Site or any Content is appropriate or legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead WE'VE, LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. WE'VE, LLC takes no responsibility and assumes no liability for any Comments posted by your or any third party.
You may have to create a WE'VE account on the Site in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WE'VE immediately of any breach of security or unauthorized use of your account. WE'VE will not be liable for any losses caused by any unauthorized use of your account.
The Site will be available through Facebook's "Facebook Connect" service. You must have an active Facebook account in order to access the Site through Facebook Connect, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Site through Facebook Connect, WE'VE may require that your WE'VE user ID be the same as your user name for Facebook. If you sign into WE'VE through Facebook Connect, you will provide your Facebook account credentials to WE'VE, and you are consenting to have the information in that account transmitted into your WE'VE account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) in any way that violates or contributes to the violation of any third party rights, including, without limitation, any copyrights, trademark rights, trade secret rights, patent rights, moral rights, or privacy or publicity rights; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," chain letter" or "spam" or other similar solicitation; (iv) in any way that is abusive, deceptive, defamatory, fraudulent, harassing, harmful, hateful, libelous, obscene or threatening; (v) to impersonate or attempt to impersonate WE'VE, a WE'VE employee, another user or any other person or entity associated with WE'VE; and (vi) in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user's use of the Site. You agree not to: (a) remove or interfere with any copyright or trademark notice or digital "watermarks" on any images or other Content intended to indicate the source and/or ownership of such Content; (b) decipher, decompile, disassemble or otherwise reverse engineer any portion of the Site; (c) use any automated or manual methods to crawl, scrape, spider, robot or otherwise monitor or extract data from the Site; (d) mirror or frame any part of the Site for another website; (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is technologically harmful to the Site; and (f) otherwise attempt to interfere with the proper working of the Site.
WE'VE, LLC respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Products displayed on the Site are quoted in U.S. Dollars.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
By pre-ordering a product on WE'VE, you agree to be bound by this entire Agreement. Buyers agree to provide their payment information at the time they pre-order a product. The payment will be collected at the time the minimum quantity for each product listed is reached. The listed price of an item plus the number of units a buyer pre-orders plus shipping and handling is the amount the buyer will be charged. If the minimum quantity of any individual items is not reached by the deadline, no charge is made to the buyer.
Buyers consent to WE'VE and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full price of the pre-order at any time between the pre-order and collection of the funds. Buyers agree to have sufficient funds or credit available with their chosen payment method to ensure that the funds for the order will be collectible. Buyers can increase their pre-order by adding additional quantities of the specific item at any time before the deadline, except that they may not cancel or reduce their pre-order.
The Estimated Delivery Date listed for each item is not a promise to fulfill by that date, but is an estimate of when the artisan believes they can deliver. Artisans agree to make a good faith attempt to fulfill each order by its Estimated Delivery Date. For all successful pre-orders that reach the minimum quantity, WE'VE sends a Purchase Order to the artisan group to start production at that time.
WE'VE offers credit for the amount of the listed price of the specific product, if there are major defects or damage of the purchased product. WE'VE is not required to give a refund until after 90 days if the buyer has not found another product on WE'VE's website they are interested in pre-ordering. WE'VE reserves the right to cancel a buyers pre-order or final order (and give a credit) at any time and for any reason, and if we do so, are not required to fulfill the pre-order/order. WE'VE reserves the right to reject, cancel, interrupt, remove, or suspend an artisan's product at any time and for any reason. WE"VE is not liable for any damages as a result of any of those actions.
WE'VE gift cards may be used to purchase any eligible product available for purchase in the WE'VE online catalog. In order to purchase or redeem a WE'VE gift card, you must have a WE'VE account. The recipient of a WE'VE gift card will be notified via email; if the recipient does not have a WE'VE account at the time he or she receives such email, he or she will be prompted to create a WE'VE account to activate the gift card.
You may purchase WE'VE gift cards in US dollar denominations of $25, $50, $100. The amount of the WE'VE gift card you purchase will be charged to your credit card when you confirm your purchase of such WE'VE gift card.
Once the recipient of the WE'VE gift card activates the WE'VE gift card, then the value of the WE'VE gift card will appear in the recipient's WE'VE account as a credit toward purchases on WE'VE. If a purchase exceeds the amount of the WE'VE gift card, the balance must be paid by credit card or other available payment method, in accordance with WE'VE's standard payment policies. WE'VE gift cards cannot be used to purchase other WE'VE gift cards. Purchases made with WE'VE gift cards are not eligible to earn Referral Credits. WE'VE gift cards do not expire.
Except where prohibited by applicable law, WE'VE gift card recipients may not (a) receive refunds for WE'VE gift cards, (b) resell or otherwise transfer WE'VE gift cards to others (including without limitation transferring WE'VE gift cards to other WE'VE Users' accounts), (c) reload WE'VE gift cards, or (d) redeem unused WE'VE gift card balances if they cancel their WE'VE account. WE'VE gift cards are not currency, and do not have cash value outside of WE'VE. WE'VE is not responsible for any unauthorized use of any gift cards.
We may make available software to access the Site via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. WE'VE does not warrant that the Mobile Software will be compatible with your mobile device. WE'VE hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one WE'VE account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that WE'VE may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and WE'VE or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the WE'VE Service.
WE'VE may provide WE'VE members referral credits when members invite their friends to join WE'VE ("Referral Credits"). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
Referral Credits are granted at WE'VE's sole discretion. In order for a member to be eligible to receive Referral Credits for friends joining WE'VE, the new friend must join WE'VE via the referring member's unique referral link. Referral Credits are loyalty or promotional discounts or credits offered by WE'VE, and do not constitute an account, a payment instrument or other property owned by any WE'VE member. Referral Credits do not have a cash value, and you may only use Referral Credits in connection with a qualifying purchase on the WE'VE website. WE'VE reserves the right to revoke your Referral Credits if WE'VE determines that you have engaged in fraudulent referral activity (e.g. inviting fake people to join) or otherwise violated this Agreement, or if we terminate your membership. Referral Credits expire 6 months after they are granted. Referral Credits are not transferable or sellable, are not gift cards, and cannot be used to purchase WE'VE gift cards. WE'VE reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including expiration period and/or your ability to redeem existing Referral Credits. WE'VE does not impose any fee on your use of Referral Credits.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT. COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, IT'S CONTENT OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS: AND "AS AVAILABLE" BASIS, WITH OUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE'VE NOR ANY PERSON ASSOCIATED WITH WE'VE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE'VE NOR ANYONE ASSOCIATED WITH WE'VE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SITE, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE'VE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WE'VE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE'VE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WE'VE AND OUR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEE TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID WE'VE, IF ANY, DURING THE THREE (3) MONTHS BEFORE THE ACTION GIVING RAISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CERTAIN DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold WE'VE, LLC and our officers, directors, contractors, employees, licensors, suppliers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and WE'VE, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to WE'VE, LLC at: WE'VE, 255 Steiner St, Suite 401, San Francisco, CA 94117 Attn: Customer Service, or (2) to you at: your last-used email or billing address or the email, billing and/or shipping address in your WE'VE account. Both you and WE'VE, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement and not first resolved via the Dispute Resolution section above shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California.
The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of WE'VE, LLC's right to require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement and any documents and policies incorporated by reference herein constitute the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or WE'VE, LLC. You may terminate your WE'VE account at any time by following the instructions on the Site. WE'VE, LLC may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement or for any reason or no reason in our sole discretion. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
WE'VE, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WE'VE, LLC's copyright agent the written information specified below:
WE'VE, LLC's Copyright Agent for notice of claims of copyright infringement on the WE'VE, LLC Site can be reached as follows: WE'VE, LLC 255 Steiner Street Suite 401 San Francisco, CA 94117 ATTN: DMCA Copyright Agent Phone: 843-722-0118 Fax: 803.753.9220 Please note that this procedure is exclusively for notifying WE'VE and its subsidiaries that your copyrighted material has been infringed.
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