TERMS OF USE
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Post & Beam Creative, LLC and/or its affiliates ("Post & Beam, LLC", "we" or "us") operate an online store ("Post & Beam Creative Shop") located at https://www.postandbeamcreative.com/category/all-products from which you may purchase products and services ("Post & Beam Creative Shop Products").
These Terms of Use apply to the content and functionality of the Post & Beam Creative Shop, and to the Post & Beam Creative Shop Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our brand identity, marketing strategy or design services, which are governed by the Post & Beam Creative, LLC Services Agreement.
1. Information that you provide to us
You may give us information about yourself when you visit the Post & Beam Creative Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Post & Beam Creative Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. Post & Beam Creative Shop IP
As between you and Post & Beam Creative, LLC, Post & Beam Creative, LLC and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Post & Beam Creative Shop (collectively, "Post & Beam Creative Shop IP"). Post & Beam Creative Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Post & Beam Creative Shop IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Post & Beam Creative Shop or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Post & Beam Creative, LLC has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Post & Beam Creative Shop
Post & Beam Creative, LLC grants you a limited, revocable, non-exclusive, non-transferable license to access the Post & Beam Creative Shop. This license does not include a right to use any of the content and information, including product listings.
4. Products, Content and Specifications
Details of the products and services available for purchase in the Post & Beam Creative Shop ("Post & Beam Creative Shop Products") are set out in the Post & Beam Creative Shop. All features, content, specifications, products and prices of products and services described or depicted in this Post & Beam Creative Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Post & Beam Creative Shop due to the limitations of the systems that you use to access the Post & Beam Creative Shop. The inclusion of any products or services in the Post & Beam Creative Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Post & Beam Creative Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
6. Your account
We may require that you create an account to access the Post & Beam Creative Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Shipping and returns
This Section 7 applies to Post & Beam Creative Shop Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Post & Beam Creative, LLC. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Post & Beam Creative, LLC is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Post & Beam Creative Shop Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, Post & Beam Creative Shop Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Post & Beam Creative, LLC will cover the cost of return shipping and will refund your purchase price in full.
8. Sanctions and export policy
You may not use the Post & Beam Creative Shop or purchase any Post & Beam Creative Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Post & Beam Creative Shop or any Post & Beam Creative Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
9. No warranties
We provide the Post & Beam Creative Shop, Post & Beam Creative Shop IP and Post & Beam Creative Shop Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Post & Beam Creative, LLC or obtained by you from or through the Post & Beam Creative Shop - whether from Post & Beam Creative, LLC or another entity, and whether oral or written - creates or implies any warranty from Post & Beam Creative, LLC to you.
Post & Beam Creative, LLC disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Post & Beam Creative Shop; (b) that the Post & Beam Creative Shop Products will meet your specific needs or requirements; (c) that the Post & Beam Creative Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Post & Beam Creative, LLC will correct any defects or errors in the Post & Beam Creative Shop; or (e) that the Post & Beam Creative Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Post & Beam Creative Shop is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
10. Limitation of liability
Under no circumstances will Post & Beam Creative, LLC be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Post & Beam Creative Shop or for the unavailability of the Post & Beam Creative Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Post & Beam Creative Shop, even if such damages are foreseeable, and whether or not you or the Post & Beam Creative, LLC has been advised of the possibility of such damages. Post & Beam Creative, LLC is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Post & Beam Creative Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Post & Beam Creative, LLC further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Post & Beam Creative Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Post & Beam Creative Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Post & Beam Creative Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Post & Beam Creative, LLC in relation to the Post & Beam Creative Shop, Post & Beam Creative Shop IP, and Post & Beam Creative Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Post & Beam Creative, LLC during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
11. Applicable law
By using the Post & Beam Creative Shop, you agree that the laws of the state of Massachusetts, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Post & Beam Creative, LLC.
12. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Post & Beam Creative Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.
13. Our address:
Post & Beam Creative, LLC
365 Boston Post Rd #128
Sudbury, MA 01776