TERMS & CONDITIONS OF USE
Welcome to Alexander + David website ("Alexander + David", "we", "us", or "our"). If you visit or shop at Alexanderdavid.com, you accept these conditions. Please take some time and read them carefully. In addition, when you use any current or future Alexander + David service or business, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, such Terms will control. By accessing Alexander + David.com (the "Website"), you (the "User" or "you") represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Alexander + David reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the Website. It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You agree that you shall be bound by any such modifications to those terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS. If you do not want to be bound by these Terms, do not use the Alexander + David website.
These Terms are effective unless and until terminated by Alexander + David. Alexander + David may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Alexander + David' website and the restrictions imposed on you with respect to the Content (as defined herein) and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Alexander + David shall also have the right without notice and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.
ACCESS + USE OF WEBSITE
• You cannot access or use the Alexander + David website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
• You must not modify, adapt or hack into the Website or modify another website so as to falsely imply that it is associated with the Website.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).
PRIVACY
Please review our Privacy Notice, which also governs your visit to Alexanderdavid.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Alexanderdavid.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Alexander + David or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Alexander + David and protected by U.S. and international copyright laws. All software used on this site is the property of Alexander + David or its software suppliers and protected by United States and international copyright laws.
Except for that information which is in the public domain or for which you have been given express written permission to use by Alexander + David, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in this Agreement, is strictly prohibited.
LINKED CONTENT
Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by Alexander + David of such linked content. Linked sites are operated, controlled or maintained by their respective owners and Alexander + David is not responsible for the content, security, policy, practices or availability of such linked sites. Links to other sites are provided for your convenience only. Accessing of such linked sites is at your own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Alexander + David, Inc. – 1034 South Stanford Avenue, Los Angeles, Ca 90021.
LICENSE AND SITE ACCESS
Alexander + David grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Alexander + David. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Alexander + David. 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 Alexander + David without express written consent. You may not use any meta tags or any other "hidden text" utilizing Alexander + David' name or trademarks without the express written consent of Alexander + David. Any unauthorized use terminates the permission or license granted by Alexander + David. You are granted a limited, revocable, and non exclusive right to create a hyper link to the home page of Alexander + David.com so long as the link does not portray Alexander + David, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Alexander + David logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Where this site permits, visitors may post reviews, comments, and other content; send 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, 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Alexander + David 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 Alexander + David a non exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Alexander + David and its 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 Alexander + David for all claims resulting from content you supply. Alexander + David has the right but not the obligation to monitor and edit or remove any activity or content. Alexander + David takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Alexander + David respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Alexander + David are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Alexander + David attempts to be as accurate as possible. However, Alexander + David does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Alexander + David itself is not as described, your sole remedy is to return it in unused condition.
PRICING
All prices displayed on the Website are quoted in U.S. dollars. Alexander + David reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Alexander + David as necessary. Alexander + David reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Website are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by Alexander + David.
The receipt by you of an order confirmation does not constitute Alexander + David's acceptance of an order. Prior to Alexander + David's acceptance of an order, verification of information may be required. Alexander + David reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Alexander + David, for any reason. Alexander + David reserves the right to limit the number of items ordered and to refuse service to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Alexander + David shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Alexander + David shall promptly credit the credit card account in the amount of the incorrect price.
OTHER BUSINESSES
We may 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 or the content of their Web sites. Alexander + David 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 other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ALEXANDER+DAVID ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALEXANDER+DAVID MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALEXANDER+DAVID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALEXANDER+DAVID DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ALEXANDER+DAVID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALEXANDER+DAVID WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Alexanderdavid.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Alexander + David.
DISPUTES
Any dispute or claim relating in any way to your visit to alexanderdavid.com or to products or services sold or distributed by Alexander + David or through Alexanderdavid.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 terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. 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, Alexander + David 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Alexanderdavid.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address:
Alexanderdavid.com
1458 S. San Pedro St. Unit 316
Los Angeles, CA 90015
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Alexander + David's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Alexander + David that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Alexander + David's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Alexanderdavid.com
1458 S. San Pedro St. Unit 316
Los Angeles, CA 90015
