Agreement between User and storename
Welcome to
https://www.storename.com/. The https://www.storename.com/ website (the
"Site") is comprised of various web pages operated by STORENAME, LLC.
("STORENAME"). https://www.storename.com/ is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of
https://www.storename.com/ constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
https://www.storename.com/
is a Online Marketplace Site.
STORENAME
Marketplace is an e-commerce platform that enabled third-party sellers to sell
their products on a fixed-price online marketplace.
Privacy
Your use of
https://www.storename.com/ is subject to STORENAME's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting
https://www.storename.com/ or sending emails to STORENAME constitutes
electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communications be in writing.
Your Account
If you use this
site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that STORENAME is not responsible for third
party access to your account that results from theft or misappropriation of
your account. STORENAME and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Children Under 18
If you are under
18, you may use https://www.storename.com/ only with permission of a parent or
guardian.
Cancellation/Refund Policy
Cancellations
are only accepted for full-priced items, within 60 minutes after an order is
placed. You have 30 days from the date your receive your order to initiate and
return your item(s) for a refund or store credit. Any returns not made within
this window will be rejected. Due to the custom made nature of some of our
handmade products we can not accept returns/exchanges or offer refunds for any
handmade item.
Links to Third Party Sites/Third Party Services
https://www.storename.com/
may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of STORENAME and STORENAME is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
STORENAME is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by STORENAME of the site or
any association with its operators.
Certain services
made available via https://www.storename.com/ are delivered by third party
sites and organizations. By using any product, service or functionality
originating from the https://www.storename.com/ domain, you hereby acknowledge
and consent that STORENAME may share such information and data with any third
party with whom STORENAME has a contractual relationship to provide the
requested product, service or functionality on behalf of
https://www.storename.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted
a non-exclusive, non-transferable, revocable license to access and use
https://www.storename.com/ strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to STORENAME that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You
may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Site.
All content
included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property
of STORENAME or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not
modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in
whole or in part, found on the Site. STORENAME content is not for resale. Your
use of the Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of STORENAME and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of STORENAME or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded; restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations.
STORENAME has no
obligation to monitor the Communication Services. However, STORENAME reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. STORENAME reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
STORENAME
reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in STORENAME's sole discretion.
Always use
caution when giving out any personally identifying information about yourself
or your children in any Communication Service. STORENAME does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, STORENAME specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized STORENAME
spokespersons, and their views do not necessarily reflect those of STORENAME.
Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials
Provided to https://www.storename.com/ or Posted on Any STORENAME Web Page
STORENAME does
not claim ownership of the materials you provide to https://www.storename.com/
(including feedback and suggestions) or post, upload, input or submit to any STORENAME
Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting STORENAME, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation
will be paid with respect to the use of your Submission, as provided herein.
STORENAME is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in STORENAME's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
International Users
The Service is
controlled, operated and administered by STORENAME from our offices within the
USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use
the STORENAME Content accessed through https://www.storename.com/ in any
country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to
indemnify, defend and hold harmless STORENAME, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use
of or inability to use the Site or services, any user postings made by you,
your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or
regulations. STORENAME reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with STORENAME
in asserting any available defenses.
Arbitration
In the event the
parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other
relief, then such dispute shall be resolved only by final and binding
arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or
a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrator's award shall be final, and judgment
may be entered upon it in any court having jurisdiction. In the event that any
legal or equitable action, proceeding or arbitration arises out of or concerns
these Terms and Conditions, the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees. The parties agree to arbitrate all
disputes and claims in regards to these Terms and Conditions or any disputes
arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration
under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE
CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A
PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
STORENAME agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. STORENAME, LLC. AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STORENAME, LLC.
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. STORENAME, LLC.
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STORENAME, LLC. AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF STORENAME, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
STORENAME
reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by
the laws of the State of Florida and you hereby consent to the exclusive
jurisdiction and venue of courts in Florida in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that
no joint venture, partnership, employment, or agency relationship exists
between you and STORENAME as a result of this agreement or use of the Site.
STORENAME's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
STORENAME's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information
provided to or gathered by STORENAME with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and STORENAME with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and STORENAME with respect to the Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Age Restriction:
You may not use
of engage with the Platform if you are under thirteen (18) years of age. By
using or engaging with the Platform, you also acknowledge and agree that you
are permitted by your jurisdiction’s Applicable Law to use and/or engage with
the Platform.
Prohibited Content:
You acknowledge
and agree to not send any prohibited content over the Platform. Prohibited
content includes:
- Any
fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity;
- Objectionable
content, including profanity, obscenity, lasciviousness, violence, bigotry,
hatred, and discrimination on the basis of race, sex, religion, nationality,
disability, sexual orientation, or age;
- Pirated
computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product,
service, or promotion that is unlawful where such product, service, or
promotion thereof is received;
- Any content
that implicates and/or references personal health information that is protected
by the Health Insurance Portability and Accountability Act (“HIPAA”) or the
Health Information Technology for Economic and Clinical Health Act (“HITEC”
Act); and
- Any other
content that is prohibited by Applicable Law in the jurisdiction from which the
message is sent.
Dispute Resolution:
In the event
that there is a dispute, claim, or controversy between you and Us, or between
you and Stodge, LLC d/b/a Postscript or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the scope of the
Program, arising out of or relating to federal or state statutory claims,
common law claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration inDoral, FL before one arbitrator.
The parties
agree to submit the dispute to binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply
the substantive laws of the Federal Judicial Circuit in whichSTORENAME LLC’s
principle place of business is located, without regard to its conflict of laws
rules. Within ten (10) calendar days after the arbitration demand is served
upon a party, the parties must jointly select an arbitrator with at least five
years’ experience in that capacity and who has knowledge of and experience with
the subject matter of the dispute. If the parties do not agree on an arbitrator
within ten (10) calendar days, a party may petition the AAA to appoint an
arbitrator, who must satisfy the same experience requirement. In the event of a
dispute, the arbitrator shall decide the enforceability and interpretation of
this arbitration agreement in accordance with the Federal Arbitration Act
(“FAA”). The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency injunctive
relief from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in section
10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator
and the administration of the arbitration; however, the arbitrator shall have
the power to order one party to pay all or any portion of such fees as part of
a well-reasoned decision. The parties agree that the arbitrator shall have the
authority to award attorneys’ fees only to the extent expressly authorized by
statute or contract. The arbitrator shall have no authority to award punitive
damages and each party hereby waives any right to seek or recover punitive
damages with respect to any dispute resolved by arbitration. The parties agree
to arbitrate solely on an individual basis, and this agreement does not permit
class arbitration or any claims brought as a plaintiff or class member in any
class or representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties,
unless to protect or pursue a legal right. If any term or provision of this Section
is invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of
this Section or invalidate or render unenforceable such term or provision in
any other jurisdiction. If for any reason a dispute proceeds in court rather
than in arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.
Miscellaneous:
You warrant and
represent to Us that you have all necessary rights, power, and authority to
agree to these Terms and perform your obligations hereunder, and nothing
contained in this Agreement or in the performance of such obligations will
place you in breach of any other contract or obligation. The failure of either
party to exercise in any respect any right provided for herein will not be
deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect and enforceable. Any new
features, changes, updates or improvements of the Program shall be subject to
this Agreement unless explicitly stated otherwise in writing. We reserve the
right to change this Agreement from time to time. Any updates to this Agreement
shall be communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By continuing
to participate in the Program after any such changes, you accept this
Agreement, as modified.
Changes to Terms
STORENAME
reserves the right, in its sole discretion, to change the Terms under which
https://www.storename.com/ is offered. The most current version of the Terms
will supersede all previous versions. STORENAME encourages you to periodically
review the Terms to stay informed of our updates.
Contact Us
firstcoastworld welcomes
your questions or comments regarding the Terms:
firstcoastworld, LLC.
5335 NW 87th Ave
C109 Ste #388
Miami, Florida
33178
Email Address:
contact@storename.com
Telephone
number:
1-800-395-7501
Effective as of
December 28, 2019