Terms and Conditions

Terms and Conditions

Last Updated 12/17/20

The Collective Coven and its subsidiaries (collectively, “Company”) is an internet marketplace platform offering products available on this website (the “Site”), subject to the following terms and conditions (“Terms”).

                                                                       

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.

  1. Purpose. “You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC or LLP), collectively, you and such corporation or other legal entity on whose behalf you access the Site.

No charge is made for your use of the Site (unless otherwise stated), although you should be aware that charges for Internet use may apply at rates determined by your provider. Company reserves the right to change the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion. 

Further, your use of this Site is subject to those additional terms and conditions provided by Company and, subject to Company’s sole discretion, applicable to certain information, products, and services offerings available through this Site. Such additional terms and conditions include, but are not limited to, license agreements, supplementary user agreements, and the Privacy Policy (collectively, “Additional Terms”). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail with respect to the subject matter of such Additional Terms).

Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Company further reserves the right to seek all remedies available by law and in equity for any violation of these Terms.

Any rights not expressly granted herein are reserved by Company.

  1. Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these terms and conditions on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to Company.

  1. U.S.-Based Website. The Site is controlled and operated by Company from the United States, and, except as expressly set forth herein, is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Company chooses, at any time and in Company’s sole discretion. 

  1. Information Submitted Through the Site. Your Submission of information through the Site is hereby incorporated into these Terms by this reference. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, misrepresentative, inaccurate, obsolete or incomplete, Company may terminate your use of the Site.

Any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, will automatically be treated as non-confidential and non-proprietary and will become the sole property of Company without any compensation or credit to you.

Company does not review, edit, censor or take responsibility for any information that you or anyone who accesses this Site creates, transmits, posts, stores, distributes, displays or presents on this Site.

  1. Purchases and Products. If you wish to purchase our products, for your convenience, we may provide third-party links on the Site where you can make such purchases. Please be aware that such arrangements may be hosted on the Site or on a sub-domain of the Site, and may be operated by a third party, and as such is governed by said third party’s website terms and conditions, not by these Terms and for which Company is in no way responsible or liable. We encourage you to read the terms and conditions of the web store prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such web store.

Any purchaser must be 18 or older to purchase any item available for sale on this Site. Any payment for the goods, presented on our site, will automatically transform into a legally binding contract for the purchase and sale of goods or services. At the same time, Company disclaims all liability associated with health damage if it occurred as the result of proper or improper use of the product or service.

  1. Intellectual Property Rights. All product and service names; all graphics; all button icons; and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Company. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.

You are not authorized to display or use Company’s marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Company’s marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Company does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that is infringing or if Company becomes aware of circumstances from which infringing activity is apparent.

  1. Disclaimer of Warranties. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THIS INCLUDES, BUT NOT LIMITED TO, ANY NEFARIOUS BEHAVIOUR, CRIMINAL CONDUCT, OR THIRD-PARTY HACKING OR CONDUCT COMPANY CANNOT CONTROL.

  1. Limitations of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Compliance and Indemnity. You agree that you will comply with all applicable laws, ordinances, regulations, and codes in the course of your use of the Site, including the procurement of permits and certificates where required. You agrees to hold harmless and indemnify Company and its successors, assigns, libraries, directors, officers, employees, and agents against any loss or damage, including attorney’s fees that may be sustained by you in the course of your use of the Site.

  1. Termination.  You agree that Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

  1. Governing Law; Forum. This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Any cause of action with respect to the use of this Site must be commenced within one year of the event giving rise to such act or omission.

  1. Notices.  Notices to Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Miscellaneous. These Terms contain the entire agreement between you and Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Company. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Company’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Company will not be responsible for failures to fulfil any obligations due to causes beyond its control.

  1. Contact Company. If you have any questions regarding the meaning or application of these Terms, please direct such questions to  administrator@thecollectivecoven.com Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Company.

  1. Communications. When you visit the Site or send e-mails to Company, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and 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. This condition does not affect your statutory rights.

  1. Limitations of these Terms.  These Terms are not an employment contract. Neither Company nor you are obligated to any specific term of employment.  The Terms are limited to the subject matter of the restrictive covenants described herein.  Nothing in these Terms shall be deemed to create a partnership or agency between the Company and you.

  1. Severable Provisions.  The provisions are severable, and if any one or more provision(s) may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.

  1. Modifications.  Terms may be modified only by a writing executed by Company and you.

  1. Notice for California Users. This notice is for California users of the Site: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (914) 445-1254 or (800) 952-5210.