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Last Updated: November, 2017
Welcome to TangibleCollective.com. Tangible Web LLC and/or its affiliates (“Tangible”) provide web site features and other products and services to you when you visit or shop at TangibleCollective.com, use Tangible products or services, use Tangible applications for mobile, or use software provided by Tangible in connection with any of the foregoing (collectively, “Tangible Services”). Tangible provides the Tangible Services subject to the following conditions.
By using Tangible Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of Tangible Services, to understand our practices.
When you use Tangible Services, or send e-mails, text messages and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Tangible Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Tangible Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Tangible or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tangible Service is the exclusive property of Tangible and protected by U.S. and international copyright laws.
The following are Tangible trademarks: TANGIBLE, TangibleCollective.com. In addition, graphics, logos, page headers, button icons, scripts and service names included in or made available through any Tangible Service are trademarks or trade dress of Tangible in the U.S. and other countries. Tangible’s trademarks and trade dress may not be used in connection with any product or service that is not Tangible’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Tangible. All other trademarks not owned by Tangible that appear in any Tangible Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Tangible.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Tangible or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Tangible Services. This license does not include any resale or commercial use of any Tangible Service, or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of any Tangible Service or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Tangible or its licensors, suppliers, publishers, rightsholders or other content providers. No Tangible Service, nor any part of any Tangible Service, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Tangible. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Tangible without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tangible’s name or trademarks without the express written consent of Tangible. You may not misuse the Tangible Services. You may use the Tangible Services only as permitted by law. The licenses granted by Tangible terminate if you do not comply with these Terms and Conditions.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tangible reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Tangible a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Tangible and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tangible for all claims resulting from content you supply. Tangible has the right but not the obligation to monitor and edit or remove any activity or content. Tangible takes no responsibility and assumes no liability for any content posted by you or any third party.
NO MERCHANT OR PRODUCT ENDORSEMENTS
All merchants have paid a fee to Tangible to have their products listed on the Tangible web site and make available through the use of Tangible Services. While every effort has been made to curate an attractive collection of attractive, high quality merchandise, Tangible shall have no liability for any product defects or any damages, including personal injury or death, resulting from use of the products. See DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY below. Tangible does not endorse the merchants on its site or any of their products.
RISK OF LOSS, RETURNS, REFUNDS AND TITLE
All purchases of physical items using the Tangible Services are made pursuant to a contract with the merchant who has posted its products for sale using the Tangible Services and who is responsible for all product fulfillment and returns, refunds, etc. Tangible has no risk of loss and no ability to transfer title or to accept returns or refunds of merchant products for any reason, and you must work directly with the merchant to resolve any issues with any merchant products purchased on the Tangible web site.
Tangible attempts to be as accurate as possible. However, Tangible does not warrant that product descriptions or other content of any Tangible Service is accurate, complete, reliable, current or error-free.
Prices and product availability are subject to change without notice. All sales, including specials and promotions, are limited to stock on hand. The estimated prices have been provided by our Tangible retail partners. With respect to items sold through Tangible, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our website may be mispriced. Estimated prices may not include shipping, taxes or other applicable fees or charges imposed by the retailer.
SANCTIONS AND EXPORT POLICY
You may not use any Tangible Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Tangible Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Tangible Software), technology and services.
Merchants other than Tangible operate stores, provide services or software, or sell product lines through the Tangible Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their web sites). Tangible does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and the terms and conditions of use of their web sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE TANGIBLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TANGIBLE SERVICES ARE PROVIDED BY TANGIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TANGIBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TANGIBLE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND MERCHANT PRODUCTS PURCHASED THROUGH TANGIBLE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TANGIBLE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TANGIBLE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TANGIBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TANGIBLE DOES NOT WARRANT THAT THE TANGIBLE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TANGIBLE SERVICES, TANGIBLE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TANGIBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TANGIBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TANGIBLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TANGIBLE MERCHANT OR ANY TANGIBLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Tangible Service, or to any products or services sold or distributed by Tangible or through TangibleCollective.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Tangible will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Tangible Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Tangible.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Tangible Web LLC
180 E. Broad St.
Columbus, OH 43215
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