Terms and Conditions
|ACCEPTANCE OF CONTRACT TERMS
Materialist provides certain website features and other products and services to you when you visit materialist.com (referred to singly as a “Service”). By purchasing products or using any of the other Services, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and the terms and conditions on any pricing, order acknowledgment, payment statement or other form you receive from Materialist, all of which constitute a single agreement between you and Materialist (collectively, the “Terms and Conditions”). The Terms and Conditions constitute the exclusive agreement between you and Materialist with respect to the Services and the content accessed through the Services ( the “Content”). To the extent of any conflict between the Terms and Conditions and the end user license agreement for a mobile application, the Terms and Conditions shall govern. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. If any provision of the Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
GRANT OF LIMITED USE LICENSE
Materialist grants you a limited, nonexclusive, non-transferable license to access and use the Services and the Content only in accordance with and for the purposes set forth in the Terms and Conditions. You do not have permission to access or use the Services or the Content in any way or for any purpose that involves a violation of the Terms and Conditions. You may only use Materialist’s website to access the Content of Materialist. Materialist retains the right to terminate your limited use license at will, at any time.
Materialist grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.materialist.com, which shall include, without limitation, the home page, blog pages, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Materialist, Inc. (“Materialist” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Passwords, Privacy and Security
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
- You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at [email protected]
- Materialist displays suggested retail prices for goods and services advertised based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.
- Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Any packages that are refused or unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs.
- All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
- Materialist is constantly innovating the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
- You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Materialist, our Vendors, or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
- Unless specifically requested, Materialist does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Materialist will be deemed not to be confidential or secret. By submitting or sending information or other material to Materialist you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Materialist, you grant Materialist the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
DISCLAIMER OF WARRANTIES
- THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CASKERS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CASKERS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASKERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
- The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.
- The manner, mode, and extent of advertising by Materialist is subject to change without notice.
- In consideration for granting you access to and use of the Site, you agree that Materialist may place such advertising on the Site.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Materialist of such sites or the content, products, advertising or other materials presented on such sites. Materialist does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Materialist is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
- These Terms and Conditions constitute the whole legal agreement between you and Materialist and govern your use of the Site and completely replace all prior agreements between you and Materialist in connection with the Site.
- You acknowledge and agree that Materialist may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
- You acknowledge and agree that each subsidiary and affiliate of Materialist shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
- The Terms and Conditions and the relationship between you and Materialist shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Materialist agree that any cause of action, dispute or claim that may arise between you and Materialist shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- claims arising out of or related to any aspect of the relationship between you and Materialist, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
- claims that may arise after the termination of these Terms and Conditions.
You agree that you and Materialist are each waiving the right to trial by jury or to participate in a class action. You and Materialist agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and Materialist agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
- You and Materialist each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within New York County in the State of New York. Notwithstanding any other provision herein, you agree that Materialist shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
- The failure of Materialist to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. 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 Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- We control and operate this Site from our offices in California. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- When you use this Site, you may purchase a product that is provided by another person or company. Your use of these other products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
- You acknowledge and agree that Materialist may terminate providing any services or the legal agreement between you and Materialist for any reason at any time. If at any time, the relationship between Materialist and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
Code of Conduct
We continually strive to offer our members a unique and satisfying experience by curating exceptional products. Accordingly, we reserve the right to cancel or terminate any account for any violation of our Terms and Conditions. Any fraudulent behavior, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on Materialist or to Materialist, our Vendors or any third party, will not be tolerated.
While we will use our best efforts to fulfill all orders, Materialist cannot guarantee the availability of any particular product displayed on this Site. Home Depot reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Materialist reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from Materialist, please read our FAQ and our Product Return Policy carefully.
NO WARRANTIES; EXCLUSION OF LIABILITY
Materialist makes no representation about the suitability of the materials on this site for any purpose. all such materials are provided “as is” without warranty of any kind, express or implied. Materialist specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and -non-infringement. Neither Materialist shall have any liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site or for any damage to your computer or data or any other damage you may incur in connection with this site. Your use of this site is at your own risk. In no event shall either Materialist, its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site, the materials in this site, the delay or inability to use this site or otherwise arising in connection with this site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.