General terms & conditions
Welcome to the ivory & birch LLC website, operated by ivory & birch LLC and located at http://www.shopivoryandbirch.com/ The following Terms and Conditions govern your use of this Site.
By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.
1. Registration. In order to access certain content, services, products or benefits on the Site, you will be asked to register and create an account. By registering an account on the Site, you represent that you are 18 years of age or older, or that you have the permission of a legal guardian (e.g., a parent) to use the Site. As part of the registration process, you will be asked to select a user name and password. You will also be required to provide ivory & birch LLC with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by emailing [email protected]
2. Payment. Some products or services on the Site will be available for purchase. By registering for such services from ivory & birch LLC or purchasing products or services on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason ivory & birch LLC does not receive payment for a purchase, or if payment is found to be fraudulent, ivory & birch LLC may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services, including sales, use or excise taxes (excluding only taxes on Ivory & birch LLC’s net income). To the extent that ivory & birch LLC is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales on ivory & birch LLC’s website are final. For any refund requests, please email [email protected] ivory & birch LLC has the right to make decisions regarding refunds on a case-by-case basis, and ivory & birch LLC will refund such purchases with credits toward future purchases on the Site.
3. Proprietary Rights. Unless ivory & birch LLC explicitly states otherwise in an agreement between you and ivory & birch LLC, ivory & birch LLC owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user and ivory & birch LLC , all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to ivory & birch LLC or its affiliates, licensors (including “Trainers”), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with ivory & birch LLC ; (c) attempting to gain unauthorized access to Ivory & birch LLC ’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; (d) any resale or commercial use of the Site; (e) any downloading or copying of the Site Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Ivory & birch LLC is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Ivory & birch LLC and that in the event of such unauthorized use, Ivory & birch LLC shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site. Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Unless ivory & birch LLC explicitly states otherwise in an agreement between you and ivory & birch LLC, upon your submission of User Content or other material or information to ivory & birch LLC, you grant ivory & birch LLC a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
6. Third Party Web Sites and Content. The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. ivory & birch LLC does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. ivory & birch LLC does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
7. Privacy Statement. Any personal information that you provide to ivory & birch LLC on the Site is subject to our Privacy Statement, which is hereby incorporated into these Terms by reference as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to ivory & birch LLC via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. ivory & birch LLC can be contacted by email at [email protected]dbirch.com or by mail at 7631 Market Street, Youngstown OH 44512.
8. Disclaimer. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, ivory & birch LLC is not responsible for any errors or omissions in the Site or Site Materials. ivory & birch LLC , its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. ivory & birch LLC reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. ivory & birch LLC cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. IVORY & BIRCH LLC AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
9. LIMITATION OF LIABILITY. IVORY & BIRCH LLC AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR IVORY & BIRCH LLC HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF IVORY & BIRCH LLC AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF IVORY & BIRCH LLC AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel ivory & birch LLC has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification. You shall indemnify ivory & birch LLC and its directors, officers, employees, agents, contractors and licensors (including “Trainers”) (“ivory & birch LLC Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your Company, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to ivory & birch LLC , or any breach by you of these Terms and shall indemnify and hold ivory & birch LLC Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of ivory & birch LLC. ivory & birch LLC or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Ivory & birch LLC or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to ivory & birch LLC, subject to the right of Ivory & birch LLC to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
11. Internet Security. ivory & birch LLC uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. ivory & birch LLC will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that ivory & birch LLC shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to ivory & birch LLC via the Site or the Internet, including, for example, personal information such as your name or address.
12. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify ivory & birch LLC by email at [email protected] a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Changes to these Terms; Termination. ivory & birch LLC reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. ivory & birch LLC may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing ivory & birch LLC with untrue or inaccurate information about yourself, for infringement upon ivory & birch LLC proprietary rights, or for any other reason whatsoever or for no reason.
14. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and ivory & birch LLC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Ohio, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Ohio, Mahoning County, United States; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
15. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, ivory & birch LLC makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of ivory & birch LLC to exercise in any respect any right provided here under shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
16. Product Information and Availability: We did our very best to include detailed information and photographs on each item, but they may be inaccurate. We apologize for any misrepresentations and will do our best to remedy the situation. ivory & birch maintains the right to refuse or cancel any orders with said inaccuracies at any point in time.
We operate a brick and mortar store in additional to the website, and occasions will arise where an item becomes unavailable. Our online inventory is synced with the physical inventory, but there will be situations where inventory becomes unavailable. We strive to fill every order as quickly as we can, and will work with customers when situations such as these arise. For any questions regarding availability, contact [email protected]
17. Pricing and Promotions: We maintain the right to offer e-commerce exclusive as well as in-store exclusive promotions. There are products exclusive to our physical location as well as products exclusive to our website. Birch Bucks are only earned from and valid towards in-store purchases.
18. Communication: We strive to respond to any/all correspondence as quickly as possible. Order changes/updates sent via email are not confirmed until a written response is sent from a member of the ivory & birch team. We operate the site during our store hours. These hours can be found on our website and communication received after operating hours will be responded to within 2 business days.
Dated: May 14, 2015 Copyright © 2014 ivory & birch LLC . All rights reserved.