TERMS AND CONDITIONS
Please read these terms and conditions carefully. By clicking “I accept,” you agree to the Terms and Conditions provided below.
1. Your Acceptance of this Agreement
The terms and conditions stated below (collectively, the “Agreement”) constitute a legal agreement between you and Momkas’ Borosilicate and Soft Glass Inc., a Washington corporation (the “Company,” “Momka’s,” “We,” “Our,” or “Us”). In order to use the Service you must agree to the terms and conditions that are laid out below. We provide information about glass and sell glass products through our website. (collectively the “Service”). By using or receiving the Service, you expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any amendments and additions to this Agreement as published from time to time at www.momkasglass.com or through the Service.
YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.
The Company reserves the right to modify this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement at http://www.momkasglass.com. You are responsible for regularly reviewing this Agreement, and your continued use of the Service after any changes have been made will constitute your consent to such changes.
3. Ownership of Intellectual Property; License to use User Data
Ownership of and Rights to Modify Service and Software
The Company retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all intellectual property, including, without limitation, all ideas, logos, trademarks relating to the Service. This Agreement does not grant you any intellectual property rights in or to the Service or any part of either. Further, We reserve the right to modify, suspend, or discontinue the Service with or without notice. You agree that We will not be liable to you or any third party for modifying, suspending, or discontinuing the Service, or any part of either.
If you provide Us with feedback, suggestions, and other information or ideas regarding the Service (“Feedback”), you assign to Us all rights in the Feedback and agree that We have the right to use the Feedback and related information in any manner We deem appropriate. Feedback is non-confidential and non-proprietary, and you agree that you will not submit any Feedback that you consider confidential or proprietary.
License to use User Data
You agree to fully indemnify Us, Our employees, directors, officers, and affiliates, from any claims, actions, or proceedings resulting from your breach of this Agreement, your violation of any rights of any third party service providers you were introduced to by Us, your use or misuse of the Service, violation of applicable laws or regulations, including, without limitation, attorneys’ fees and costs incurred by Us. We reserve the right to assume exclusive defense and control or any matter (at your expense) for which you are required to indemnify Us. You agree not to settle any matter without Our prior written consent. We will use all reasonable efforts to notify you of any such claim, action, or proceeding.
5. Payment for Product
Consent to Charge for Products
In order to pay for products on the website, you will be required to input valid credit card or bank account information. Once you have provided valid credit card or bank account information, you authorize Us to bill your credit card or process a check from your bank account (via an electronic check via ACH) for all fees associated with your purchase of product(s), and you agree that no additional notice or consent is required. You represent that you have the legal right to use any credit card, check, or other payment option used to pay any fees to Us.
If your electronic check is subsequently returned for non-sufficient funds, you agree that We may charge to you a returned check fee of $25.00 and to take any action available at law or in equity to collect the full amount. You agree to pay all fees, returned check fees, and any amounts for collecting payment, immediately.
Disputing a Charge; Requesting a Refund
If you wish to dispute a charge, please contact Us at firstname.lastname@example.org. We understand that situations arise that may require Us to refund you for fees paid. We will review each case to determine whether a partial or full refund is appropriate. Whether a refund will be issued is within Our sole discretion.
General Payment Terms
We reserve the right to adjust pricing for Our products as We may determine in our sole and absolute discretion. The payment amount listed when you checkout on our website when making a purchase is the amount you will be billed. If there are no discounts listed, then you will not be receiving a discount. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Any amount that is not paid when due will accrue interest at an annual interest rate of eighteen percent or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. You agree to pay for all amounts incurred by Us in our effort to collect any unpaid fees from you, including costs and expenses of a third party collection agency. We may engage third party collection agencies to assist with collecting amounts owed that are unpaid at least 30 days beyond the due date.
6. Each Party’s Warranties
You warrant: (i) that you have accurately identified yourself through your account and will maintain the accuracy of such identification; and (ii) that you are 18 years or older, or that it is a corporation or other business entity authorized to do business pursuant to applicable law.
Right to Do Business
Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Limitation of Liability
In no event will Our liability arising out of or related to this Agreement exceed the aggregate of fees (including fees both paid and due) in the three month period preceding the event that gave rise to the liability. In no event will We be liable for any consequential, indirect, special, incidental, or punitive damages. Further, We will not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on Our website or is referred to by the Service. If applicable law limits the application of any part of this section, the Company’s liability will be limited to the maximum extent permissible.
We may send notices pursuant to this Agreement to you at the most recent e-mail address listed on your account, and such notices will be deemed received 3 days after they are sent. You are responsible for providing Us with an updated email address, and We will not be responsible for you not receiving notices because you failed to update the email address on your account. You may send notices pursuant to this Agreement to us at email@example.com, 19508 23rd Ave NE, Arlington, WA 98223, and such notices will be deemed received 3 days after they are sent.
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
Any delay in the performance of any duties or obligations of either party (except payment of money due) will not be considered a breach of this Agreement if the delay is due to fire, flood, weather, act of God, governmental action, transportation delays, supplier or carrier problems, airport or port closures, labor disturbances, riots, terrorism, sabotage, or any other cause beyond the party’s reasonable control (a “Force Majeure Event”), as long as the party uses reasonable efforts to resume performance as soon as reasonably practicable following any Force Majeure Event.
The relationship between the parties to this Agreement is that of independent contractors and neither party will be considered, or hold itself out as, an agent or representative of the other for any purpose.
Assignment & Successors
You may not assign this Agreement or any of your right or obligations under this Agreement, except Our prior written consent. Any attempted assignment in violation of this section will be considered null and void. This Agreement will be binding upon and inure to the benefit of any successors and assigns of the parties.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Seattle, Washington, before an arbitrator. The arbitration will be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgement on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Choice of Law & Jurisdiction
This Agreement will be governed solely by the internal laws of the State of Washington, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in King County, Washington.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement. Entire Agreement
This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
If you have any questions or concerns regarding any of the terms of this Agreement, please feel free to contact us at firstname.lastname@example.org.
Momka’s Borosilicate and Soft Glass Inc.
19508 23rd Ave NE
Arlington, WA 98223
Last updated: November 5, 2015