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Terms of Use

TERMS OF USE

General

The following terms and conditions (hereinafter the “Terms of Use”) govern your use of willowes.com. BY USING WILLOWES.COM, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you must immediately exit willowes.com and discontinue the use of willowes.com and any information, products, or services found therein.

The term “Agreement” shall mean the agreement formed between you and us pursuant to these Terms of Use, any other terms and conditions posted on willowes.com (including our Privacy Policy), and any other written agreement between you and us, all of which are incorporated herein by reference. If we and a user of willowes.com enter into a separate written agreement or contract providing other terms and conditions of our agreement, these Terms of Use are incorporated by reference.

As you read these Terms of Use, we strongly recommend that you also access and read the information contained in the other pages and websites referred to in this document. Furthermore, please note that all headings in these Terms of Use are for reference and convenience purposes only and in no way limit the scope or extent of such section.

Website Information

Willowes.com is owned and operated by Willowe’s Basketry Incorporated (hereinafter “Willowe’s”).

For purposes of our Agreement, the term “Website” may, at our option, include any current or future domestic co-branded websites, affiliated websites, private-label websites, and/or international websites in which Willowe’s currently participates or may participate in the future with regard to advertising services.

Modification of the Website

Willowe’s (and/or its suppliers) reserves the right in its sole discretion to change, modify, alter, update, improve, or remove any information or content appearing on the Website. Willowe’s may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice and may do so at any time. Any amended terms automatically take effect by your access or use of the Website. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

Products, Content, and Specifications

All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Willowe’s makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on willowes.com at a particular time does not warrant that these products or services will be available at any time.

In the event that a Willowe’s product is mistakenly listed at an incorrect price, Willowe’s reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Willowe’s reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Willowe’s shall issue a credit to your credit card account in the amount of the incorrect price.

Products and Services for Personal Use

The products and services available on the Website are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us.

No Unlawful or Prohibited Use

As a condition of your use of willowes.com, you will comply with all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from willowes.com. By placing an order, you represent that the products ordered will be used only in a lawful manner. In addition, you warrant that you will not use willowes.com in any way prohibited by these terms, conditions, and notices.

In addition, you will not:

  1. use willowes.com if you are not able to form legally binding contracts and/or are under the age of 18;
  2. use willowes.com if you are temporarily or indefinitely suspended from willowes.com;
  3. circumvent or manipulate our fee structure, the billing process, or fees owed to Willowe’s;
  4. engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
  5. send a virus, overload, flood, spam, or mail-bomb the Website, or distribute any other technologies that may harm willowes.com or the interests or property of Willowe’s;
  6. copy, modify, republish, or distribute content from the Website or willowes.com’s copyrights and trademarks;
  7. impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
  8. provide inaccurate contact information or other information;
  9. collect information about users, including email addresses, without their consent;
  10. transmit to willowes.com or any user any information or materials of any kind which:
    1. violate, plagiarize, or infringe on the intellectual property or contractual rights of another;
    2. are libelous, defamatory, obscene, pornographic, offensive, abusive, harassing, threatening, tortuous, invasive of another’s privacy, racist, hateful, or otherwise objectionable; or
    3. contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  11. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  12. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from willowes.com without the prior expressed written permission of Willowe’s and the appropriate third party, as applicable;
  13. interfere or attempt to interfere with the proper working of willowes.com or any activities conducted on willowes.com or the access of any user, host, or network; or
  14. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to willowes.com.

No Unauthorized Duplication

Except as otherwise stated herein, none of the content on the Website may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Willowe’s or such other owner.

Trademarks

Any trademarks, trade names, logos, and service marks displayed on willowes.com are the property of Willowe’s or other third parties. You agree not to copy, alter, remove, infringe, dilute, or otherwise use these trademarks or service marks without the prior written consent of Willowe’s or such other owner.

Reporting Intellectual Property Infringement

If you believe that your rights have been infringed by content appearing on our Website, please contact us by sending notice via certified mail, return receipt, to the following address: 226 West Main Street, Greenfield, Indiana 46140. We reserve the right to remove content for any reason.

Links to Third-Party Websites

Willowes.com may contain links to websites operated by parties other than Willowe’s. Willowe’s does not control such websites and is not responsible for their contents. If you decide to access any of the third party sites linked to this website, you agree that you will be leaving the Website and that Willowe’s has no responsibility or liability whatsoever in connection with your use or exchange of any information with such third-party websites. Willowe’s does not endorse, sponsor, or guarantee the material on such websites or any association with their operators.

If you operate a website and wish to link to the Website, you must link to the Website’s home page unless permission otherwise has been granted in writing by Willowe’s. Willowe’s reserves the right to reject or terminate any links to the Website.

General Disclaimer

WILLOWE’S ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION FOUND ON THE WEBSITE. ALL INFORMATION PROVIDED ON WILLOWES.COM IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WILLOWE’S HEREBY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WILLOWE’S MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WILLOWE’S MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WILLOWES.COM OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WILLOWE’S OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WILLOWES.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WILLOWES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WILLOWE’S WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

Privacy

Please review the Privacy Policy for additional information and for users’ right and responsibilities. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

Indemnity

You hereby agree to release, defend, indemnify, and hold Willowe’s and its officers, directors, agents, affiliates, joint ventures and employees harmless from and against any and all claims, costs, liability, charges, penalties, or demands, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of any of the following:

  1. your breach of this Agreement;
  2. your violation of any law or the rights of a third party;
  3. any distribution, publication, refusal to publish, removal, deletion, movement, editing, or other use of the materials you provide; or
  4. your use of the Website or any reliance on its content.

Remedies

In the case of any violation of our Agreement, Willowe’s reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of willowes.com.

Furthermore, without limiting any other provision in this Agreement, in the event you default under this Agreement, we will have the right to exercise any and all of the following remedies:

  1. we can terminate this Agreement;
  2. we can ban your future use of willowes.com;
  3. we can impose interest on your past due amounts equal to the lower of 1.5% per month or the highest rate permitted by law;
  4. we can impose an administrative service fee equal to five percent (5%) of all amounts past due;
  5. we can reserve the right to condition your continued use of willowes.com on requirements such as a fee increase, submission of a security deposit; and/or fee prepayment; and
  6. we can exercise any and all rights and remedies available to us at law and in equity.

Resolution of Disputes, Including Controlling Law and Jurisdiction

If a dispute arises between you and Willowe’s, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution (hereinafter “ADR”) provider mutually agreed upon by the parties.

This Agreement shall be governed and construed in accordance with the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Willowe’s must be resolved by a court located in Hancock County, Indiana, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Hancock County, Indiana, for the purpose of litigating all such Claims or disputes.

All Claims you bring against us must be resolved in accordance with these Terms of Use. All Claims filed or brought contrary to these Terms of Use shall be considered improperly filed. As such, Willowe’s may recover attorneys’ fees and costs up to $1,000, provided that Willowe’s has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Willowe’s’ registered agent: Margaret Harness
Willowe's Basketry Incorporated
226 West Main Street
Greenfield, Indiana 46140

Our Failure to Act

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Assignment

In our sole discretion, we may assign the Agreement.

Termination of Account or Advertisement

Willowe’s reserves the right to refuse service to anyone and to terminate a user’s account at any time.

Construction of Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed invalid and the remainder of the agreement shall continue in effect.