Effective as of [Date]
Welcome to our Website and thank you for visiting us!
Copyrights and Other Intellectual Property
Except as otherwise provided on the Website, the design of this Website and all of its materials, including, but not limited to, its trademarks, service marks, trade names, images, audio, text, software and the “look and feel” of the Site, HTML code, scripts, artwork, photographs, designs, video, and written and other materials that appear as part of this Website (collectively, “Website Content“) belong to Concreate and/or to another party that has licensed their material to Concreate and are protected by U.S. copyright and trademark laws and other U.S. and international laws and treaties.
You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Website Content without our express written permission.
If you believe any Website Content or material herein infringes your copyright, you must give us a notice under the Digital Millennium Copyright Act by contacting our Designated Agent at firstname.lastname@example.org Your notice should include the following information:
- A description of the copyrighted work that you claim has been infringed;
- The URL where the allegedly infringing Website Content is located;
- Your full name, postal address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized;
- Your physical or electronic signature; and
- A statement that you are the copyright owner or an authorized agent of the copyright owner.
Rights to the trademarks, logos, and product names (“Trademarks”) appearing on the Website belong to the us or to other entities and are protected by U.S. federal and state trademark laws and international laws and treaties. Usage of the such trademarks, without authorization from us or the right holder is strictly prohibited, except for specific use permitted under trademark law or other laws. No license for the use of the Trademarks is granted to you under these Terms or by your use of this Website.
Our products, technology and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. We reserve all such rights and no transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms.
Your right to use the Website and Website Content is conditioned on your compliance with These Terms.
Except as stated herein, you may not modify, edit, alter, publish, copy, reproduce, distribute, create derivative works of, reverse engineer, transmit in any form or by any means, enhance or in any way exploit any of the Website or Website Content in any manner (“Unauthorized use”), without the prior written permission of Concreate.
Also, you may not access or use the Website for any competitive or commercial purpose.
Any unauthorized use of the Website Content is prohibited. Concreate may revoke this limited license at any time for any or no reason. Concreate will aggressively enforce its intellectual property rights to the fullest extent of the law.
Links to Other Websites
This Website may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Concreate of or responsibility for the linked websites or any content, services or products available on or through such website(s). You agree that neither Concreate nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.
Links from Other Websites
All links to this Website must be approved in writing by Concreate, except that Concreate consents to links in which:
- The link is a text-only link containing only the title of the home page of this Website,
- The link “points” only to the home page of the Website and not to deeper pages,
- The link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Website, and
- The appearance, position, and other aspects of the link does not create the false appearance that an entity or its activities or products are associated with or sponsored by Concreate or its affiliates, or be such as to damage or dilute the goodwill associated with the name and trademarks of Concreate or its affiliates. Concreate may demand that you delete such link. This permission terminates automatically if you breach any terms or conditions of the Terms. Upon termination, you shall remove any link.
Terms of Sale
By placing a purchase order for our products via this website, you agree to the following terms and conditions:
- Place of Sale: Any sale of goods in response to your purchase order will be deemed for all purposes to take place at Concreate headquarters in Los Angeles, California.
- Governing Law: For all purposes (including, by way of example but not limitation, the applicability of products liability and truth-in-advertising standards, the construction, interpretation, enforceability and limitations of warranty terms, etc.) any sale of products via this website, and all rights, obligations, claims and liabilities arising therefrom and pertaining thereto, shall be governed by the substantive laws, rules and regulations of the State of California and the federal laws, rules and regulations of the United States of America, all without regard to choice-of-law principles.
- Venue; Personal Jurisdiction: Venue of any lawsuit or administrative proceeding on a claim arising out of or related to goods sold via this website shall lie in the California Superior Court for the County of Los Angeles (or such inferior state court as shall have subject matter jurisdiction) and in the United States District Court for the Central District of California. Any objection to the assertion of personal jurisdiction of plaintiff or defendant by such court is waived.
- All purchases are subject to our Return Policy. We urge you to read it carefully before you make a purchase. By making a purchase you agree to accept all terms, including the terms of our Return Policy.
Product Descriptions and Colors
In describing and portraying our products on our Websites, we attempt to be as accurate as possible. We have made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate. In addition, we do not warrant that the product descriptions or other Content of our Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on a Website is not as described, your sole remedy is to return it to us, according to our Return Policy.
When you place an order on our Website, we will ship your order to the address designated by you as long as that shipping address is within the United of America and compliant with the shipping restrictions set out on ____________________. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
Concreate makes no representation, endorsement or warranty that the Website Contents, Products or Services described on this Website are accurate, available, up-to-date or suitable for your particular purpose. THE WEBSITE AND ITS WEBSITE CONTENTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CONCREATE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE, THE WEBSITE CONTENTS AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENTUSE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
By using or accessing this Website, you represent, warrant, agree and covenant to us that you are 13 years of age or older. If you are a User between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.
Right to shut down or limit access
We reserve the right to limit, deny or revoke your access to our Website in our sole discretion, at any time, for any reason.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONCREATE, ITS REPRESENTATIVES, PARTNERS, CONTRACTORS, OR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF OUR WEBSITE OR ITS CONTENTS, ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA; ANY LOSS OF USE RELATED TO OUR WEBSITE; ANY WEBSITE OPERATED BY ANY THIRD PARTY; OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF CONCREATE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
Governing Law, Severability, Waiver, Dispute Resolution
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of Our Websites. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of California.
Any claim arising out of, or relating to, the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Concreate and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of that State of California.
Feedback and Information
If you have any questions or concerns about the Terms, please send an email to email@example.com;
or write to us at:
1730 E Holly Ave Ste 728
El Segundo, CA 90245,