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TERMS OF USE

Last Updated: July 12, 2024

Welcome to FlatStickley.com, referred to herein as the "Website" or "Site," which is owned and operated by Flat Stickley ("Flat Stickley," "our," "we," and "us"). These Terms of Use, in conjunction with our Privacy Policy, govern your access and use of this Website. By accessing or using the Website, you acknowledge that you have reviewed, comprehended, and consent to abide by these Terms of Use ("Terms"), regardless of whether you have registered an account. Your use of this Website, including any purchases made through it, constitutes your agreement to these Terms of Use and our Privacy Policy found at [https://www.flatstickley.com/privacy].

Before proceeding to use this Website, please review these Terms of Use attentively. By accessing or using this Website, as well as making purchases through it, you consent to adhere to these Terms of Use and our Privacy Policy available at https://www.flatstickley.com/privacy. If you do not agree to these Terms of Use or the Privacy Policy, refrain from accessing or using this Site.

If you are under 13 years old, do not use this website. If you are between 13 and 18 years old, it is assumed that your use of this Site or purchase of products through it is done with the permission of a parent or guardian. If you do not have such permission, refrain from using this Site or purchasing products from it.

We may update these Terms of Use and Privacy Policy at any time without prior notice. Any amendments will be posted, and the date of the last revision will be noted at the top of the Terms of Use or Privacy Policy, as applicable. Your continued use of this Website following any changes constitutes your acceptance of the updated Terms of Use and Privacy Policy. If you do not agree with any modifications or additions to these Terms of Use, refrain from accessing or using this Site.

Accessing this Website and Account Security.

We reserve the right to modify or remove any content on this Website at our discretion. We are not liable if any part or all of the Website becomes unavailable for any reason or period. Periodically, access to certain sections or the entire Website may be restricted, including for registered users.

When you register for an account, you will be required to provide certain personal information and set up a password (refer to our Privacy Policy for details). If you suspect unauthorized access to your account or password, please notify us promptly at [flatstickley@gmail.com]. If we suspect that you or someone else is using the Website or your account in violation of these Terms of Use, we reserve the right to deactivate your account or other credentials at any time.

Use of Your Account.

You are accountable for all actions conducted on the Site using your account or credentials. You are responsible and legally liable for any security breaches that occur involving the Website through your account.

Use of Our Website. 

You agree not to employ or initiate any automated systems, including but not limited to "robots," "spiders," "offline readers," or any other software or malicious code that may disrupt our Website or attempt to compromise other users and their accounts. Posting content is not permitted on this Site.

You agree not to utilize any method related to the Website, including any automated or electronic means, to obtain or access information, data, or materials provided by other Users.

Shopping

While browsing our Site, you have the option to utilize a virtual shopping cart to organize and monitor the items you have chosen until you are ready to complete your shopping. During checkout, you can review and verify your selections, shipping details, chosen payment method, and desired sizes.

Check out.

During the checkout process, your information is sent to our third-party payment processor, which is currently Wix. Wix securely stores your payment details on our behalf. If you opt to use alternative payment methods like GooglePay, you will enter your information directly on those third-party platforms. It is advisable to review the terms of use and privacy policies of these providers.

Pricing and Product Errors/Corrections.

We aim to offer accurate and timely information about our Products. However, there may be occasional mistakes or omissions on this Site regarding Product details, pricing, promotions, offers, and availability. We reserve the right to rectify errors and update Product information without prior notice. If a Product is listed incorrectly due to a Site error, we reserve the right, within the bounds of the law, to reject or cancel any orders for that Product at the wrong price. Additionally, we may refuse or cancel such orders, even if they have been confirmed and your payment method has been charged. Should your payment method be charged for a canceled order due to incorrect pricing, we will refund the amount charged to your original payment method as per legal requirements.

Not for Resale.

You are strictly prohibited from using this Site to purchase any Product with the intention of resale, whether by yourself or others. We explicitly disclaim any warranty or liability for claims, damages, or other consequences arising from your attempt to resell any Product bought from the Website, including indirect or consequential damages.

Problems.

 

If there is problem with the information you give us when you check out, we will make an effort to contact you using the contact details you have provided.

Fraud.

 

If there are concerns related to fraud or credit, we will inform you as permitted by law. It may be necessary for us to first report such issues to law enforcement authorities in accordance with legal requirements.

Your Money.

 

By proceeding to checkout and entering your payment details, you confirm, represent, and warrant that the information provided is accurate, that you have authorization to use the provided payment method, and that you will promptly inform us of any changes that may affect your order, account, or payment.

Cancelling or Returning Products. For details on our return and cancellation policies, please refer to our policy page available at: [https://www.flatstickley.com/returns]

Prices and Taxes.

 

Our product prices are subject to occasional adjustments. Depending on your location, sales tax will be applied and collected when you check out. Unless otherwise required by tax laws, the precise amount of tax charged to your payment method will be determined on the date of shipment, regardless of the order placement date.

Shipping Choices and Costs.

 

During checkout, you will choose your shipping method and timeframe. If you reside outside the United States, where we are headquartered, you may also be liable for import duties, which will be detailed in your final order summary.

Proprietary Rights.

 

All content on this Website, including our products, photographs of models and products, and all associated information, trademarks, images, video, audio, and their arrangement (collectively referred to as the "Materials"), are the property of Flat Stickley, its licensors, or other providers of such materials. These Materials are protected by United States and international laws governing copyright, trademark, patent, trade secret, and other intellectual property rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Flat Stickley Materials. Any use of the Flat Stickley Materials not expressly permitted by these Terms of Use is strictly prohibited.

If you decide to share comments, suggestions about our Site and products, or images featuring you wearing our products for display on the website, you acknowledge and consent to our unrestricted right to utilize them for any purpose, without providing compensation or attribution to you.

Security.

We have taken reasonable steps, employing technical, security, and organizational measures, to protect your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. For details, please refer to our Privacy Policy [https://www.flatstickley.com/privacy]. Despite these measures, we cannot guarantee that unauthorized individuals will not access your information without our consent or yours. The decision to provide information through this website is entirely yours.

Third-party Service Provider.

 

When you proceed to checkout, your information will be transmitted to our third-party payment processor (currently Wix). Further information about our third-party providers can be found in our Privacy Policy [https://www.flatstickley.com/privacy].

Third-party Sites.

 

If you follow a link to another website for goods or services, or if you arrive at this Site from a third-party site, please note that these Terms of Use and the Privacy Policy do not govern your use of those other sites. By using any third-party website or services, you release Flat Stickley from any liability arising from such use.

Indemnity.

 

You agree, to the maximum extent permitted by applicable law, to defend, indemnify, and hold harmless Flat Stickley and its subsidiaries, agents, managers, affiliated companies, employees, contractors, agents, officers, and directors from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to and use of the Website; (ii) your breach of any provision of these Terms of Use; (iii) your infringement of any third-party right, including but not limited to privacy rights, intellectual property rights, or contractual or proprietary rights; (iv) your violation of any law, regulation, or rule of the United States or any other jurisdiction; (v) any claims or damages arising from information or data submitted via your account; or (vi) any other party’s use of the Website with your username, password, or other security credentials.

Disclaimers and Limitation of Liability.

 

This website is provided "as is" and "as available." Except where explicitly stated, the site makes no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Flat Stickley, its subsidiaries, and licensors do not warrant the accuracy, reliability, or correctness of the content on this website. They do not guarantee that the site will always be available, secure, or uninterrupted, or that any errors will be corrected. They also do not warrant that the site is free from viruses or other harmful components. To the maximum extent permitted by applicable law, Flat Stickley, its affiliates, officers, directors, members, managers, employees, licensors, vendors, or suppliers shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising from or related to the terms of use or the use or inability to use this website.

Flat Stickley disclaims all responsibility, to the fullest extent permitted by applicable law, for any damage, loss, or injury arising from hacking, tampering, or unauthorized access or use of the site, your account, or the information contained therein.

To the greatest extent allowed by law, Flat Stickley and its affiliates, along with their officers, directors, members, managers, and employees, disclaim any liability or responsibility for: (i) inaccuracies or errors in content, materials, data, or information; (ii) personal injury or property damage resulting from your use of our site; (iii) unauthorized access to or use of this website or any stored personal information; (iv) transmission of bugs, viruses, or similar harmful components via our site by third parties; (v) errors, omissions, or losses incurred from the use of posted, uploaded, emailed, transmitted, or otherwise available content, data, or information on the site; and/or (vi) defamatory, offensive, or illegal conduct of any third party.

Under no circumstances shall Flat Stickley and its affiliates, along with their officers, directors, employees, members, managers, licensors, suppliers, or vendors, be liable to any user in aggregate for claims, liabilities, obligations, damages, losses, or costs arising from the Terms of Use, products, or this website, beyond the amount paid by the user to Flat Stickley for the products giving rise to the claim.

These limitations of liability apply regardless of whether the claim arises from contract, tort, negligence, strict liability, or any other legal theory, even if Flat Stickley has been advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law.

Governing Law.

These Terms of Use will be governed by United States law, without regard to its conflict of laws principles.

Arbitration; No Class Action.

To the fullest extent permitted by law, neither you nor we will pursue disputes through class actions or any other proceedings where either party acts or seeks to act on behalf of others. Additionally, without the prior written consent of all parties involved, no arbitration or proceeding can be combined with another.

Both you and we agree to resolve through arbitration all disputes that cannot be resolved informally, except those relating to the ownership or enforcement of intellectual property rights. This encompasses disputes concerning any current, past, or future purchase or event between you and us regarding our products, this Agreement, or this Website, whether based on contract, tort, warranty, statute, regulation, or other legal or equitable grounds. By agreeing to this provision, both parties acknowledge that the arbitrator will have exclusive authority to settle any dispute concerning the interpretation, applicability, or enforceability of these Terms of Use, the Privacy Policy, or the formation of this Agreement, including disputes over arbitrability and any claim that any part of this Agreement is void or voidable. You are relinquishing any rights you may have to litigate a dispute in court before a judge or jury.

In the event of a dispute between you or us concerning this Website or our Agreement, the following procedures must be followed: 

1. Notice Requirement: The party initiating the dispute must provide the other party with: Name, address, and contact information of the party sending the notice. The factual basis of the dispute. The remedy sought (e.g., a refund). Notices regarding a dispute with us should be emailed to: flatstickley@gmail.com. If we have a claim against you, we will notify you using the contact information you have provided to us.

2. Informal Negotiations: Both parties agree to make good faith efforts to resolve the dispute through informal negotiations. If, despite these efforts, a resolution cannot be reached within 60 days, either party may initiate arbitration proceedings.

3. Arbitration: Arbitration will take place in Houston, Texas, unless mutually agreed otherwise. Arbitration may also be conducted remotely if both parties agree to such an arrangement. Arbitration will be overseen by a single arbitrator. The arbitrator has the authority to grant damages to you individually, comparable to what a court could award, which may include declaratory or injunctive relief, but only as necessary to resolve your individual claim. This ensures that any arbitration outcome addresses individual claims effectively and fairly.

Notificationes.

 

Apart from handling disputes, Flat Stickley may communicate with you through various methods including email, written notices, or prominently displaying notices on our website, as determined solely by Flat Stickley. We retain the right to determine the manner and format in which notifications are delivered to our users, although you may opt out of specific notification methods as detailed in these Terms of Use and our Privacy Policy.

Entire Agreement; Severability; No Waiver.

 

These Terms of Use, along with our Privacy Policy and your agreement to purchase products from this Website, constitute the entire agreement governing your use of this Website and your transactions with us. If any provision of these Terms of Use is found invalid by a court of competent jurisdiction, the remaining provisions will continue to be valid and enforceable. Flat Stickley does not waive any term of these Terms of Use by failing to enforce it, and such failure does not imply a waiver of that term or any other term. Each term of these Terms of Use must be explicitly waived by Flat Stickley for such waiver to be considered valid and effective.

Your Comments and Concerns.

 

Flat Stickley is the owner and operator of this website. For feedback, comments, requests for technical support, or any other communications regarding this website or our products, please reach out to us at flatstickley@gmail.com.

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