(Last Updated Date: 11/23/2022)
The following Terms & Conditions (these “Terms”) set forth the terms upon which The Water Street Collective, LLC (“we,” “our” and “us”) offers you (“you”) access to the website that links to these Terms (collectively, this “Site”). By accessing or using this Site, you represent that you have read and agree to be bound by these Terms (as we may amend from time to time) without limitation, qualification, or change.
Access to and use of this Site are subject to the following terms and conditions and all applicable laws.
Geographic Restrictions. You agree that you will not access this Site from any territory where the content or use of this Site is illegal. You are solely responsible for complying with all applicable local laws.
YOUR ACCOUNT
Accessing this Site. You agree that you will not access this Site by any means except through the interface and username and password or other personal identification provided by us for access to this Site.
Creating an account. You must sign-up up online to create an account to access and use this Site. You agree not to use any false, inaccurate, or misleading information when signing up for your account.
Using your account. Only you may use your account. You must keep your account details and password confidential. You are responsible for all activity that occurs under your account, including charges (if any) resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us.
Updating your contact information. You can correct or change certain information in our records, such as your address and contact information. Generally, you may change this information at any time and as often as necessary by visiting your account page on this Site and following the onscreen instructions to update your information.
Email communications
Subscribe. If you are not already subscribed, you can subscribe to receive email communications by visiting your account page on this Site and following the onscreen instructions to sign-up to receive email communications.
Modify or unsubscribe. If you have provided us with your email address to subscribe to one of our services and you wish to change your address or no longer wish to receive these communications, simply follow the unsubscribe instructions that appear in those email communications.
Closing or suspending your account.
By You. You can close your account at any time and for any reason. If you have any problems with these Terms or with this Site your sole and exclusive remedy is to cease using this Site.
By Us. We may terminate or suspend your account or access to all or part of this Site, at any time and without notice, for any reason or for no reason.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on this Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of this Site. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
We attempt to be as accurate as possible. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of this Site or product listing is accurate, complete, reliable, current, or error-free. Certain weights, measures, and related descriptions are approximate and are provided for convenience purposes only.
We attempt to display as accurately as possible the colors of products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
With respect to items advertised on this Site, we cannot confirm the price of an item until you place your order. Some items on this Site may be mispriced, despite efforts for accuracy. If the correct price of an item is higher than the displayed price, we, at our discretion, may either contact you for instructions before shipping, or cancel your order (without charge to you) and notify you of such cancellation. If an item’s correct price is lower than the displayed price, we may refund you the difference to reflect the lower amount and ship you the item.
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. Any payment information entered on this Site is sent to our third-party payment processor and not to us. By placing an order on this Site, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THIS SITE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.
All purchases of items on this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages.
When you use this Site, you provide us with things like your contact information, comments, electronic submissions, and so on (“Your Stuff”). You retain ownership of Your Stuff. However, you agree that we can use Your Stuff to provide or improve this Site and related products and services (e.g., displaying comments you submit, using your contact information to send you a gift, etc.) or for marketing purposes (e.g., displaying your image, name, and biographical data on this Site when you win a sweepstakes prize).
Your Name, Likeness, and Biographical Data. You acknowledge your username, alias, avatar, city, and state of residence may appear to other consumers who are registered on this Site (“Users”) with their postings, comments, and activities within this Site. Moreover, when logged into this Site, your online presence within this Site may be disclosed to other Users and other Users may make submissions or post comments directly to you within this Site. You grant us the right to use your name, image, likeness, biographical data, and statements made in connection with the submitted materials and other related information in connection with all advertising, marketing, and promotional material, commercial or otherwise, without obligation or compensation to you.
Your Submissions. This Site may let you share Your Stuff with us as well as others, so please think carefully about what you share. You agree to grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, provide access to, make available, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit to or through this Site (“Submission”) by all means and in any media or any mode of distribution now known or hereafter developed. You agree that we shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential) and shall not be liable for any use or disclosure of any Submission. You further agree that we shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial, or otherwise, without compensation to you.
Your Feedback. We welcome feedback, but note that we may use ideas, comments or suggestions without any obligation or compensation to you.
You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in Your Stuff.
Code of Conduct. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this Site and any related services. You agree not to misuse this Site or help anyone else to do so. For example, you must not do any of the following in connection with this Site:
Share Your account details including password or other information relating to this Site.
Circumvent any restrictions on access to this Site.
Create deep links to any content on this Site. (You may not link to any page on this Site except our home page).
Do anything illegal.
Share, post or otherwise make available inappropriate content (involving, for example, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic, graphic violence, or otherwise objectionable material).
Engage in any activity that is harmful to you, this Site, Users, or others (e.g., transmitting viruses or worms, stalking, harassment, threatening others, communicating hate speech, or advocating violence against others).
Engage in activity that is false or misleading (e.g., impersonating someone else).
Infringe upon the rights of others (e.g., unauthorized sharing of content that is protected by copyright, trademark, or other proprietary right).
Engage in activity that violates the privacy of others.
Send solicitations or spam (e.g., unwanted bulk email or postings, charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents, or other types of solicitations).
Help others break these rules.
Violate or fail to keep any of these Terms.
How we handle code of conduct violations. We are not responsible for monitoring, screening, policing, or editing the information or materials posted on, submitted to, or accessed or transmitted through this Site. However, we reserve the right to delete, block and/or remove any information or materials that we, in our sole discretion, deem to be unlawful, inappropriate, or otherwise unacceptable to us or any other party. If notified of any such information or materials on this Site, we will determine in our sole discretion whether to remove such content from this Site or re-post such content to this Site.You understand and agree that if we, in our sole discretion, believe that you have violated any of the above rules we may:
Remove, block, or refuse to publish your content for any reason.
Disable, suspend, or terminate your account or otherwise prohibit you from accessing or using this Site.
Contests and Sweepstakes. This Site provides official rules for certain activities including, without limitation, promotions, sweepstakes, and contests. Each has its own rules, which you must read and agree to before you may enter.
Third-Party Content. We have no control over the information provided by other Users and do not (and cannot) monitor information shared on or via this Site. You should use caution and common sense when interacting with other Users. We encourage you not to share, post or otherwise disclose personally identifying or other sensitive information to other Users on this Site.
Third Party Links. At certain places on this Site, Users may be able to access other Internet addresses via links. You acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link or reference to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, association, recommendation or favoring by us. You acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such websites are those of the respective author(s) or distributor(s) and not of us. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through third party websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
WARNING: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
You can learn about our privacy practices by reading our Privacy Policy. By accessing or using this Site, you agree that your information and content will be handled in accordance with our Privacy Policy (as we may amend it from time to time).
Copyright and Trademark NoticeThis Site and its contents are, or may be protected by copyright, trademark, patent, and other laws of the United States and may be protected by the same or similar laws of other countries. The marks appearing on this Site are our trademarks or the marks of our affiliates and subsidiaries. All other trademarks, service marks, trade names, service names and logos appearing on this Site or accessed via this Site are the property of their respective owners who are neither sponsors nor affiliated with us, or this Site. Except as specifically permitted by these Terms, any copying, reproduction, display, or retransmission of the contents or any portion of the contents of this Site is strictly prohibited.
Changes to this Site.
This Site or content on this Site may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We are not liable for any disruption or loss you may suffer as a result.
We may change, suspend, or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at this Site. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. All disputes concerning this Site and/or arising from these Terms must be resolved in accordance with the “Resolving Disputes” section below.
No Warranty. We and our suppliers provide this Site and any related products or services “as is” and without any warranty or condition, express, implied, or statutory. Use of this Site is at your sole risk. We do not guarantee continuous, uninterrupted, error-free, or secure access to this Site or our services, and operation of this Site may be interfered with by numerous factors outside of our control. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Disclaimer. We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising, or resulting from, or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the foregoing or for any defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.
Limitation of Liability. In no event shall we or our subsidiaries and affiliates, or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, incidental, or consequential damages arising out of or in connection with this Site, the services available on this Site or these Terms (however arising, including, without limitation, negligence).
Indemnity. You agree to indemnify and hold us and our parent, and our respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of your breach of these Terms (or any documents these Terms incorporate by reference) or your violation of any law or the rights of a third party.
We intend for these Terms, including the terms in the sections titled “Our Warranties and Disclaimers”, “Liability for our Services” and “Resolving Disputes,” as modified by this paragraph, to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion hereof is held invalid, that the balance shall, notwithstanding, continue in full force and effect. Notwithstanding any language in these Terms to the contrary, we agree that: (a) the limitation on liability will not apply to claims brought by New Jersey consumers for damages caused by our intentional, reckless, or grossly negligent conduct and (b) the indemnification obligations will not apply to claims caused by our intentional, reckless, or grossly negligent conduct. If one or more other provisions of these Terms are deemed to be illegal or unenforceable under New Jersey law, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable to the fullest extent permitted by law.
Electronic Signature. Your affirmative act of registering for an account on this Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
Electronic Notices. You also agree that we may send you notices or other communications in electronic form (e.g., emails, banners, etc.). We may send you electronic notices or other communications to the email address(es) that you provide to us, or by posting any notices or other communications on this Site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery.
If any provision of these Terms is held to be unlawful, void, invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
