Terms of Use


Last Updated:  November 1, 2017

1. Terms of Use; Acceptance Modifications.

a.  These Terms of Use (these “Terms”) apply to the purchase and sale of products and services through https://sittight.com (the “Site”), which is owned and operated by SitTight, Inc., a Delaware corporation (referred to as “us”, “we”, or “our” as the context may require).

b.  These Terms expressly incorporate our Privacy Policy (accessible by clicking https://sittight.com/privacy-policy), as may be modified from time to time by us, as if fully set forth herein.

c.  THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

d.  THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

e.  BY ACCESSING THE SITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

f.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

g.  We reserve the right to change, add, or delete portions of these Terms at any time. If we do so, we will provide you with notice by posting a notice of the change on the Site, by sending you an email, or by any other means we reasonably deem appropriate. Any such changes will become effective immediately upon posting to the Site, and the continued use of the Site by you after any changes have been made shall constitute your acceptance of such changes. Changes to these Terms will also be indicated by an updated effective date posted on the applicable webpage. You will be deemed to have accepted these Terms as amended if you continue to use the Site after any amendments are posted on the Site.

2. Accounts.

a.  You may choose to create an account on the Site to better track your purchases from us. In order to create an account, you must provide us with certain information, including without limitation, you full legal name, email address, physical address, phone number, and password (collectively, the “Account Data”). The Account Data submitted by you will be used in accordance with the Privacy Policy.

b.  By creating an Account, you agree to (i) provide accurate, current, and complete Account Data as may be prompted by the Site, (ii) keep your Account Data current and complete, and (iii) be held solely responsible for all activity that takes place with your account. Please keep your password confidential. You must promptly notify us via e-mail at [email protected] if your password is lost, stolen or used without permission. In such an event, we will change your password and update our records. You agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password confidential. Without limiting its other remedies, we reserve the right to terminate your account in the event you fail to comply with any of these Terms or our Privacy Policy.

3. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by e-mailing us at [email protected].

4. Prices and Payment Terms.

a.  All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling outside the Continental United States. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and/or in your order confirmation e-mail.

b.  Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

5. Shipments; Delivery; Title and Risk of Loss.

a.  We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

b.  Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. Returns and Refunds.

a.  Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the return shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must email us at [email protected] to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.

b.  You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

c.  Refunds are typically processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

7. Use of Site Materials.

a.  All content, design, text, graphics, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site (the “Materials”) are protected by United States and international copyright law and other intellectual property laws and are owned by us or our licensors.

b.  We grant you a limited, revocable, non-exclusive right and license to access and to use the Site and the Materials for the sole purpose of using the Site for its intended purpose in accordance with these Terms. This license does not include and strictly prohibits the following: any resale of this Site or its contents; any collection and use of any Materials other than as expressly authorized herein; any derivative use of the Site or any Materials; or any use of data mining, robots, or similar data gathering and extraction tools. Except as stated in these Terms, no Materials on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without our prior written permission.You must retain all copyright and other proprietary notices on all permitted copies of the Materials. You agree to comply with all copyright laws worldwide in your use of this Site and prevent unauthorized copying of the Materials.

8. Trademarks.

All trademarks, service marks, trade names, and logos (collectively, the “Marks”) are registered and unregistered trademarks of ours or our licensors. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on this Site, except as required to engage in the permitted uses expressly stated in these Terms. You may not otherwise use any Marks without our prior written permission.

9. Ownership of User Content.

a.  Any material, information, idea, or other communication you transmit to or post on the public portions of the Site (“Public User Content”) will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose whatsoever. Public User Content will in no event include any Personal Information covered by our Privacy Policy. We will have no obligations with respect to any Public User Content. We will be free to copy, disclose, distribute, incorporate, or otherwise use any Public User Content and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes.

b.  “Private User Content” includes any Personal Information covered by our Privacy Policy, any communications made through private direct messaging features of the Site, and any Materials that you post on the Site which are posted in a field conspicuously labeled as “Confidential Information.” Subject to the Privacy Policy, we will not publicly disclose or distribute any Private User Content.

c.  We cannot and do not make any representation or warranty regarding the use or disclosure of any Private User Content that you share with any other user of the Site, and we expressly disclaim any liability arising out of or related to such conduct.

10. No Responsibility for User Content.

a.  We do not and cannot review all User Content on the Site, and we shall not be responsible for the content thereof. We reserve the right to block users or remove User Content or materials that we determine to be in violation of these Terms.

b.  By making User Content available on or through the Site, you represent, warrant, and agree that (i) you have the right to make such User Content available; (ii) the User Content will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; and (iii) the User Content will not violate any applicable law.

11. Third Party Sites; Advertisers and Sponsors.

a.  Third Party Sites. The Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). These links are provided solely as a convenience to you, and do not constitute an endorsement or warranty by us of the content or accuracy of any External Sites or of the business practices of such other businesses, entities or individuals. You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site. If you visit any External Site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should carefully review the privacy statements and other conditions of use on any External Site that you visit. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

b.  Advertisers and Sponsors. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

12.  Prohibited Uses.

a.  User Information. You shall not harvest, collect or store information about users or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Site is prohibited.

b.  Intellectual Property. You shall not use the Site in any manner that would infringe, dilute, misappropriate, or otherwise violate any publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and rights derived from laws protecting patents, trademarks, trade secrets or other proprietary information.  You further agree that you shall not (i) remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Site;  (ii) disassemble, reverse engineer, decompile, decipher, modify or alter the Site or any portion thereof; (iii) reproduce, copy, distribute, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Site, except as permitted in these Terms; (iv) prepare or develop derivative works based upon any portion of the Site; (v) commercially exploit any portion of the Site or use the Site for any commercial purpose in any manner and through any medium whatsoever, except as expressly permitted in these Terms in accordance with the intended purpose of the Site; or (vi) use automated scripts to collect information from, or to otherwise interact with, the Site.

c.  Harmful Actions and Content. You shall not: (i) engage in any conduct that restricts, inhibits, or otherwise interferes with the ability of any other person to use or enjoy the Site, regardless of intent, purpose or knowledge; (ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site; (iii) use the Site to transmit or distribute material that may be harmful to or interfere with the Site or any third party’s networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment); (iv) access, via automated or manual means or processes, the Site for purposes of monitoring its availability, performance or functionality or for any competitive purpose; (v) interfere with or disrupt the Site, including but not limited to any servers or networks connected thereto; (vi) post or transmit to or from this Site any unlawful, threatening, harassing, libelous, defamatory, offensive, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that might give rise to any civil or criminal liability, as determined by us in our sole and absolute discretion; (vii)  engage in or promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (viii) post or transmit any commercial content to the Site or use the Site to solicit others to join or do business with or visit any other commercial online service or organization; or (ix) engage in any unlawful activity on or in connection with the Site.

d.  Fraudulent or Misleading Content. You shall not use the Site to impersonate any person or entity, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”).  You shall not use the Site to falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, nor shall you express or imply that any statements you make are endorsed by us.

13. Site Access

a.  We reserve the right to change, suspend, remove, or disable access to the Site or any feature thereof, at any time without notice.

b.  We will not be liable for any removal or disabling of access to any portion of the Site, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site, including without limitation any mobile client software.

14. Disclaimer of Warranties; Limitation of Liability.

a.  Notwithstanding anything to the contrary in this Section, the Company provides a Limited Warranty (https://sittight.com/warranty) on all products sold on this Site.

b.  THE SITE AND ALL MATERIALS, INFORMATION, PRODUCTS OR SERVICES INCLUDED ON THE SITE OR OTHERWISE MADE AVAILABLE BY THE COMPANY ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE MATERIALS, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. THE COMPANY MAY MAKE ANY CHANGES TO THE SITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES DESCRIBED ON THE SITE AT ANY TIME WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THE SITE OR ANY GOODS OR PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SITE OR YOUR USE OF THE SITE GENERALLY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL. PRICE AND AVAILABILITY INFORMATION ARE SUBJECT TO CHANGE WITHOUT NOTICE.

c.  IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE.

d.  CERTAIN STATE LAWS IN THE UNITED STATES 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.

15. Indemnity.

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold us and our subsidiaries, affiliates, co-brand partners, and other parties with which we are under contract or affiliated, and their respective officers, directors, employees, and agents, free and harmless from and against any claims, actions and demands, including, but not limited to, any attorneys’ fees and accounting fees, resulting from your use of the Site, violation of these Terms or the Privacy Policy, your violation of any law or regulation, your violation of any proprietary or privacy right, or any and all content you submit to us whether through the Site or otherwise.

16. Governing Law; Arbitration.

a.  The Site, these Terms, and our Privacy Policy, and any action arising out of or relating to any product or service purchased from us, will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. We make no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

b.  You and we agree that any dispute arising out of or related to this Agreement, the Site, your use of the Site, and/or any goods or services purchased from us or otherwise through or in connection with the Site will be exclusively resolved through binding arbitration pursuant to the then-current rules of ADR Services, Inc. (“ADR”) before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in Los Angeles, California. The arbitrator’s award may be entered in any court of competent jurisdiction.

c.  THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SITE OR THE SERVICE AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.

d.  Notwithstanding any provision in these Terms to the contrary, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the Arbitration.

e.  YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act.

17. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

18. Entire Agreement.

Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

19. General.

If any provision of these Terms or the Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. You agree that these Terms and the Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by us, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.

 

Effective Date: October 21, 2016