These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Straight Up Witch LLC (“we,” “us” or “our”), concerning your access to and use of the straightupwitch.com Website as well as any other media form, media channel, mobile Website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. Straight Up Witch LLC reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
These terms of use, including the Privacy Policy, Cookie Policy, and the Privacy Notice for California Residents (hereinafter, the “Terms”) govern your access to and use of each of the Website straightupwitch.com (the “Website”), associated Content (as defined below), and the online store accessible via the Website (collectively, the “Service”), and constitute the entire, complete, and binding agreement between you and Straight Up Witch LLC (as defined below). The offer of the Service to you is conditioned upon your acceptance of these Terms. Straight Up Witch LLC a California corporation (“Straight Up Witch”), owns and operates the Service. BY USING THE SERVICE FOR ANY PURPOSE AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; YOU MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW; AND YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS THEY APPEAR ON EACH RESPECTIVE DATE THAT YOU USE THE SERVICE. IF YOU DO NOT ACCEPT ANY PART OF THESE TERMS OF USE, YOU ARE NOT ALLOWED TO ACCESS OR USE THE SERVICE IN ANY WAY. PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO info@straightupwitch.com
WHO MAY USE THE SERVICE
By accessing or using the Service, you represent that you are at least 18 years of age and have full legal capacity. If you are under 18 years of age, you may NOT use the Service.
INTELLECTUAL PROPERTY RIGHTS
Any trademarks and Service marks, trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service (collectively, the “IP”) are owned by Straight Up Witch LLC, licensed to Straight Up Witch LLC, or used by Straight Up Witch LLC in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any unauthorized reproduction or distribution of the Service that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at infor@straightupwitch.com.
LOCATION; CHANGES; DURATION
The Service is provided to and accessed by users solely at our business location in California, United States (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms and that you are availing yourself of the Service at the Business Location. Straight Up Witch LLC makes no representations or warranties that the Service is appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES, BE AWARE THAT THE SERVICE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK. We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms. Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
PURCHASE OF PRODUCTS
We make available an online platform that allows you to purchase our Products and/or merchandising Products (the “Products”). Through the Service you will be able to browse our Products and place orders. Our store is hosted on godaddy.com., which provides us with the online e-commerce platform that allows us to sell our Products to you. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
PRICES
The prices displayed for Products available for purchase through the Service represent the applicable retail prices, and do not include shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Service are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Prices and Product availability are subject to change without notice. All specials and promotions are limited to stock on hand.
PRODUCT INFORMATION
Some Products displayed on the Service may have limited availability and, because of their limited availability, stock may not be refreshed. When a Product featured on the Service is no longer in stock, we will seek to remove such Product from the Service in a timely manner. Should you have questions concerning the availability of a particular Product, please contact info@straightupwitch.com.
ERRORS, INACCURACIES, AND OMISSIONS
We seek to present the most recent, accurate, and reliable information on the Service at all times. However, occasionally information on the Service may contain typographical errors, inaccuracies, or omissions that relate to Product descriptions, pricing, promotions, offers (subject to applicable law), and availability. Any errors are wholly unintentional, and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error, or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has been charged for the purchase and your order is canceled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
ORDER CONFIRMATION
By placing an order, you offer to purchase a Product on and subject to the provisions of these Terms. All orders are subject to availability and confirmation of the order price. We will provide an email with an electronic invoice or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may in our sole discretion limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you may be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries delayed due to events beyond our control.
PAYMENT
Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). To make a payment, you must provide us with a valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for orders placed and accepted via the Service. We accept the following forms of payment: PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. By submitting an order through the Service, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling, and other relevant charges.
CANCELLATION, RETURN, EXCHANGE POLICIES
The Limited Warranty and Return Policy governs Product warranty, cancellation, return, and exchange. Any applicable shipping and/or handling charges are non-refundable. All sales are final, and no refund will be issued. Please review our Return Policy posted on the Website prior to making any purchases.
REFUNDS POLICY
All sales are final, and no refund will be issued. Please review our Return Policy posted on the Website prior to making any purchases.
CANCELLATION OF ORDERS
We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
CONTENT OF THE SERVICE
“Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Website, or any other Content through the Website that is copyrighted and/or trademarked work of Straight Up Witch. One or more of Straight Up Witch or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Website for any reason and without notice to you. You may NOT reproduce Content found on the Website in other Websites or platforms without obtaining our prior written consent. ALL CONTENT IS FOR ENTERTAINMENT PURPOSES AND IS NOT INTENDED TO BE USED FOR, OR IN PLACE OF, ANY FINANCIAL, LEGAL, MEDICAL, EDUCATIONAL, ETC. ADVICE.
USE OF THE SERVICE
Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful and personal purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in the Service. If you breach any of these Terms, the above license will terminate automatically. ALL CONTENT IS FOR ENTERTAINMENT PURPOSES AND IS NOT INTENDED TO BE USED FOR, OR IN PLACE OF, ANY FINANCIAL, LEGAL, MEDICAL, EDUCATIONAL, ETC. ADVICE.
INFORMATION ABOUT YOU
We may receive, gather, collect, retain, disclose, and otherwise use, certain personally identifying and other information about you in a manner governed by our Privacy Policy and Cookie Policy. Straight Up Witch may use such information without monetary compensation to you and in consideration for the various Services and Content provided or made available to you through the Website. If you want to use certain features of the Service, including to purchase Products online, you may have to provide information such as your full name, email address, company name (if applicable) shipping address, payment information, and billing address. You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF STRAIGHT UP WITCH OR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO STRAIGHT UP WITCH.
RESTRICTIONS ON YOUR USE OF THE SERVICE
You agree that you will NOT use the Service, or any portion(s) thereof, in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:
· use the Service in a way that violates any law or infringes the rights of any person.
· use the Service to sell access to the Service, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit.
· act as an agent, affiliate, or representative of the Straight Up Witch or the Service.
· suggest or imply that Straight Up Witch or the Service has any relationship or affiliation with any other company or Services, or that Straight Up Witch endorses, sponsors, or recommends the Contents, Products or Services on any Website, webpage, or other platform.
· modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service.
· circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service.
· impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure.
· deep-link to any portion of the Service for any purpose; and,
· frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, Product, or Service unless you have the Straight Up Witch’s express permission to do so.
WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to:
· monitor the Website for violations of these Terms of Use.
· take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
· in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems.
· otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
LINKS TO THIRD PARTY WEBSITES
The Service may contain links and advertisements to other Websites, webpages, smartphone applications, Services, Products, and other resources. Straight Up Witch has no control over such third-party Websites or resources, and you acknowledge and agree that we are not responsible for the availability of such Websites, webpages, Services, Products, or resources, and do not endorse and are not responsible or liable for any information, Content, advertising, Products, or other materials on or available therefrom. You also acknowledge and agree that Straight Up Witch will not be held responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or Services available on or through any such Websites or resource. Moreover, your correspondence and business dealings with other third parties found on or through the Service, including payment and delivery of any advertised goods or Services—and any other terms, conditions, warranties, or representations associated with such dealings—are solely between you and such other user or third-party. You agree that Straight Up Witch shall 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 users or other third-parties on our Website. Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-party Websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
You may link to the Service only in compliance with these Terms, and only in the following instances:
· The link does not reproduce the Content, totally or partially, in any way.
· The link does not contain false, inaccurate, or incorrect statements about Straight Up Witch or the Service, in particular, statements that imply that Straight Up Witch in any way authorizes or approves the provision of the link, or the Products or Services of the third-party where the link is provided.
· The look and feel of all Content that accompanies the link or is on the same page as the link (for example, the entire article in which the link appears, even if it is not all on the same page as the link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with Straight Up Witch’s name, reputation or any of its trademarks, trade names or Service marks, as determined by Straight Up Witch in its sole discretion; and,
· The third-party websites or resources where you link the Service do not contain or promote illicit, illegal (under Applicable Law), vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate Content, or racially, ethnically, or otherwise inappropriately discriminatory language as determined by us in our sole discretion.
· We may revoke our consent to a link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) business days) remove all affected links from your website.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Website are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION SYSTEM
These Terms are made in, entered into, governed by, and will be construed in accordance with the laws of the State of California, United States, without resort to its conflict of laws provisions. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STRAIGHT UP WITCH, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT STRAIGHT UP WITCH AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at http://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Los Angeles, California, United States, unless you and Straight Up Witch LLC otherwise agree in writing. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. Notwithstanding the above, you acknowledge that unauthorized use of the Service or other breach of these Terms could result in immediate and irremediable damage to Straight Up Witch, and that money damages alone would be inadequate to compensate Straight Up Witch. Therefore, in the event of your breach or threatened breach of any provision of these Terms, Straight Up Witch may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance. No bond or other security will be required in obtaining such equitable relief.
DISCLAIMERS AND LIABILITY LIMITATIONS
The express responsibilities set forth herein are the only responsibilities of Straight Up Witch to you in respect of the Service, and we have no other responsibilities to you with respect to the Service. You acknowledge that Straight Up Witch has no duty to take any action regarding: (a) which users access the Service; (b) what Content you access via the Service; (c) what effects Content may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content. Moreover, you understand and agree to the below-stated warranty disclaimers and limitations of liability. The laws of certain countries and jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or 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. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL INFORMATION AND CONTENT WE PROVIDE THROUGH IT: (1) ARE PROVIDED TO YOU ON “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES; (2) MAY INCLUDE ERRORS AND INACCURACIES; AND, (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, COMPLETENESS, SATISFACTORY QUALITY, AND ACCURACY. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF STRAIGHT UP WITCH IS AWARE OF THEM; AND, (E) MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
STRAIGHT UP WITCH’S LIABILITY IS LIMITED
You agree, to the maximum extent permitted under applicable law, not to hold Straight Up Witch or any of our shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of the Service, or from a delay or inability to access or use the Service (including, but not limited to, your reliance upon third party information, Content, user Content, reviews and opinions appearing on the Service, viruses, errors, linked sites, properties, Products and Services obtained through the Service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Straight Up Witch or any of our officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be or is found liable for any loss or damages of any kind arising from your use of the Service, or the Content, such liability is expressly excluded to the fullest extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to Straight Up Witch by you (if any), or (b) a maximum of one hundred U.S. Dollars (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Straight Up Witch’s liability will be limited to the fullest extent permitted by applicable law. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS.
INDEMNIFICATION
You agree to defend, indemnify, reimburse, and hold harmless Straight Up Witch as well as its shareholders, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, in connection with (i) your use or misuse of the Service, (ii) your breach of any provision in these Terms, (iii) any of your representations or warranties made herein, or (iv) your violation of any law or regulation or of rights of any third party. We will have the option to assume the exclusive defense and control of any action to which Straight Up Witch is named a party, and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
USER DATA
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
This section does not apply to information supplied by you to the Service that can identify you personally. Straight Up Witch believes in protecting your privacy. Please visit our current Privacy Policy, which also governs your use of the Service, to understand our practices. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. If you send or transmit any communication, including but not limited to Feedback, questions, comments, or suggestions to Straight Up Witch, whether by letter, email, telephone, through the contact form on our Website, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to Straight Up Witch all right, title, and interest in, and Straight Up Witch is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling Products and Services based on or containing such Feedback. You also understand and agree that Straight Up Witch is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. Further, Straight Up Witch is under no obligation to pay for or respond to any such comments or Feedback provided by users. Straight Up Witch may use aggregated and statistical data derived from Website usage.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
GENERAL PROVISIONS
RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, or employment relationship is created or exists between you and Straight Up Witch or our affiliates unless expressly stated in another agreement.
WAIVERS
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.
ENTIRE AGREEMENT
These Terms constitute the full agreement in respect of your use of the Service, and supersede any other communication, understanding or agreement between you and Straight Up Witch concerning the Service.
SEVERABILITY
If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.
ASSIGNMENTS
You may not assign or transfer the Terms, or any licenses and rights discussed herein. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
FORCE MAJEURE
Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Terms is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, pandemic, including the COVID-19 pandemic, act of government, act of God, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
NOTICES
All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices we send you will be deemed delivered when emailed or transmitted by us. All notices, approvals, requests or demands you make to Straight Up Witch shall be in writing, and shall be sent by express courier as follows:
Straight Up Witch LLC
2495 Cedar Ave
Long Beach, CA
90806
USA
CONTACT US
To resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at: Straight Up Witch LLC at info@straightupwitch.com.
ALL RIGHTS RESERVED
All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.
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