TERMS OF USE

Last Updated: June 16, 2016

 

Welcome to Carpenter Hill, a curated marketplace for the best high-quality American-made products. By accessing or using the Carpenter Hill website located at CarpenterHill.com (the “Website”), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the “Terms of Use”), which incorporates by reference our Privacy Notice, located at www.carpenterhill.com/pages/privacy and agree to be bound by it in its entirety. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact hello@carpenterhill.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website.

 

The Terms of Use apply only to the Website and do not apply to any other websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. We reserve the right to change the contents of the Website at any time, with or without notice. It is your obligation to review this Terms of Use before accessing the Website or making a purchase. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.

 

I. Definitions

 

For the purposes of this Terms of Use, the following definitions apply:

 

Affiliates” refers to companies and divisions under the ownership of Carpenter Hill or that own Carpenter Hill.

 

Content” includes all Text, Graphics, Design and Programming used on the Website.

 

Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

 

Programming” includes, but is not limited to, both client-side code (such as HTML, PHP, JavaScript, etc.) and server-side code (such as Active Server Pages, VBScript, databases, etc.) used on the Website.

 

Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.

 

You” or “your” (whether or not capitalized) refers to the person accessing the Website and agreeing to this Terms of Use.

 

II. Use Of This Website

 

Carpenter Hill is a convenient, carefully curated collection of top quality products, all made by select American artisans and quality obsessed companies. Our goal is to provide you with a premium online customer experience. To read more about us, please view our “About Us” page, located at https://www.carpenterhill.com/pages/our-story.

 

A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to purchasing products through the Website. The Website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent.

 

Account Registration

 

Certain functions of the Website may require account registration, including purchasing products. In order to create a Carpenter Hill account (“Account”), you must provide us with your full legal name, date of birth, a valid email address, and may be asked to provide additional information for identification and verification purposes, and any other required information. You may only create an Account if you are 18 years or older, for your own personal use.

 

If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your Account, and you are fully responsible for all activities and actions that occur in connection with the Account. If you allow another party to use your Account, you agree to be responsible for all uses of the Website and all other activities, including purchases, performed using your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. Carpenter Hill will not be liable for any loss or damage from your failure to maintain the security of your Account, or damages of any kind incurred as a result of such acts or omissions. If you delete your Account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an Account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your Account at https://www.carpenterhill.com/account/login.

 

Product Information and Specifications

 

All features, content, specifications, products and prices of products described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website.

 

Submission of Your Order

 

You understand that in order to submit your order, you will be required to explicitly agree to abide by this Terms of Use and Privacy Notice. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, as applicable, regarding the use of any product purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

 

Acceptance of Your Order

 

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. However, we reserve the right to decline your order at our sole discretion, at any time, whether you have received a confirmation or your credit card has been charged. Some of the reasons your order may be declined are if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Returns and Shipping

 

Carpenter Hill generally charges customers flat rate shipping per order. In cases where a shipping surcharge is required, we note that on the product page and at checkout. Most products purchased from the Website may be returned for any reason within fourteen (14) days of receipt. Some products are final sale and may not be returned for any reason. The return policy for each product is noted on the product page. To receive a refund for qualifying products, you must authorize your return through the Website and use a Carpenter Hill-provided shipping label. The fee for return shipping shall be waived in the unlikely event that a product is damaged or defective; otherwise a fee for return shipping and the original shipping fee shall be deducted from your refund.

 

III. Restrictions on Use of the Website

 

You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by Carpenter Hill, in addition to all rights at law or in equity. In addition, you specifically agree not to use this Website to do any of the following:

 

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
  • Advocate illegal activity or an intention to commit an illegal act;
  • Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that infringes on the intellectual property or other rights of any entity or person;
  • violate any applicable local, state, national or international law;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept, download or transmit unauthorized data; and/or
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.

 

User Submitted Content

 

Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments, reviews or other material or information submitted to the Website. User-submitted content, in addition to the other restrictions set forth herein:

 

  • may not contain URLs or links to any external websites (if you are interested in advertising your merchandise, company or website, contact our Sales department);
  • may not contain unsolicited commercial solicitations;
  • may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
  • may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of your post; and
  • may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age.

IV. Termination Of Access

 

Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use, or submit any information to, the Website. Individuals under the age of 18 may not create an Account and may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, the actions taken on the Website.

 

V. Information You Provide to Hill via this Website

 

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.

 

In order to facilitate communications between you and Carpenter Hill, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Carpenter Hill shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email or the Website. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

 

Limitations on Information Submitted

 

We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Website, and we seek only the minimum necessary information to provide our services and products.

 

Ownership of Submissions

 

If you send us feedback regarding our products or services or contact us using one of our social media hashtags (“Submissions”), you represent that such Submissions are your original, non-commercial content and hereby grant us an irrevocable, perpetual and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment or other compensation to you, subject to the Privacy Notice.

 

You hereby agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, including claims that the Submissions violate any third-party rights or are otherwise actionable. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

 

VI. Monitoring Of Information

 

Carpenter Hill does not assume any obligation to review or monitor the content or other information submitted to the Website by third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

 

Carpenter Hill reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Carpenter Hill to disclose the identity of anyone sending any email messages, or publishing or otherwise making available any Submissions or other information that are believed to violate the Terms of Use or applicable law. You agree to waive and indemnify and hold Carpenter Hill harmless from and against any and all claims whatsoever resulting from or in connection with any action by Carpenter Hill regarding any investigations either by Carpenter Hill or law enforcement authorities.

 

VII. Intellectual Property Rights

 

Carpenter Hill owns any and all intellectual property rights relating to the Carpenter Hill brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Carpenter Hill brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the Carpenter Hill Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property, is the property of their respective owners, as indicated, and may only be used as permitted.

 

VIII. Procedure for Making and Responding To Claims of Copyright Infringement

 

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website's designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

 

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The Designated Agent for notice of claims of copyright infringement can be reached by mail at:

 

Carpenter Hill LLC  |  165 Court Street #212  |  Brooklyn, NY 11201

or by e-mail at hello@carpenterhill.com.

 

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

 

IX. Disclaimer of Warranties & Limitations of Liability

 

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

 

DISCLAIMER OF WARRANTIES

 

THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of this Website AND ITS CONTENTS, OR ANY OF THE PRODUCTS SOLD VIA THE WEBSITE is at your own risk.

 

Carpenter Hill does not warrant that the functions or content contained in this Website will be uninterrupted, Accurate or error-free. You and not Carpenter Hill assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this Website or its content. Carpenter Hill DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING the USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND Carpenter Hill MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.

 

NEITHER Carpenter Hill NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL CARPENTER HILL AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARPENTER HILL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF CARPENTER HILL TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

 

Release and Indemnification

 

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Carpenter Hill, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products purchased or used from the Website.

 

You agree to indemnify and hold Carpenter Hill and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website or otherwise, including but not limited to Submissions, or (3) your breach of this Terms of Use.

 

You also agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

 

Exclusions

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

 

Third-Party Websites

 

The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, content providers or other websites which may be operated by companies that are not affiliated with Carpenter Hill, and may have different privacy policies and terms of use. Carpenter Hill does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any products found on the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.

 

Viruses and Transmission of Sensitive Information

 

Carpenter Hill cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Carpenter Hill does not assume any responsibility or risk for your use of the Internet, nor does Carpenter Hill assume any responsibility for any products or services of, or hyperlinks to, third-parties.

 

X. General Information

 

Entire Agreement. These Terms of Use, together with the Privacy Notice, constitute the entire agreement between you and Carpenter Hill governing your use of this Website, superseding any prior agreements between you and Carpenter Hill with respect to this Website. Vendors of products on the Website are subject to additional, different terms and conditions.

 

Waiver and Severability. The failure of Carpenter Hill to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.

 

Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of Kings. You agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Kings. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

 

Miscellaneous. We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or any purchase made on the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.