Terms & Conditions of Use
By using this website, you agree to the following terms, conditions and privacy policy. Please read them carefully before using this website.
Thank you for visting the website of Sanford Collective, sanfordcollective.com (“website”). This website is operated by Sanford Collective. (The following terms (“Terms of Use”) constitute an agreement between Sanford Collective (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the “Website”), located at https://www.sanfordcollective.com. Company, owner and operator of the Website, is a sole proprietorship company formed under the laws of the state of South Carolina, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use.
PURCHASE AND REFUND POLICIES
On the Website, you may purchase products, such as home accessories and furniture (“Products”). The Products are sold by third parties and all policies and warranties are governed by those third-party websites. The Company is not responsible for any purchases made through the links. All such products are sold through affiliate links. Please see below for the Website’s Affiliate link policy.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
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Republication of content from the Website, unless content is specifically and expressly made available for republication;
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Sale, rental or sub-license of any content from the Website;
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Reproduction or duplication of any content on the Website for commercial purposes;
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Modification of any content on the Website, unless content is specifically and expressly made available for modification;
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Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company. You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer,
disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s written permission.
You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing without Company’s express written permission.
INTELLECTUAL PROPERTY
All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP. “Sanford Collective” is a trademark of Company and is protected by United States trademark law. Company trademarks and trade dress may not be used in connection with any product or service that is not Company, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Sanford Collective, Emily Sanford, https://www.sanfordcollective.com/, or the experts featured on the Website. From time to time, the Website will legally utilize trademarks owned by third parties related to
Company’s services. These trademarks are the respective property of their owners.
AGE OF CONSENT
By using this website, you represent that you are at least the age of, or are the age of, majority in your state or province of residence, and have given us your consent to allow any of your minor dependents to use this site.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
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Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding Company rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMENT POLICY
The Website may offer the option for you to leave comments, engaging with the Website
posts. The following types of comments will not be tolerated and will be deleted:
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harassment directed toward any content creator or Company;
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spam;
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hate speech;
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defamatory to Company or any third party;
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reference illegal acts; or,
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violate the legal rights of a third party.
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Company sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to info@sanfordcollective.com, and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Any communications made through our ‘contact,’ blog, blog comments or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
PRIVACY, COOKIES & DATA PROTECTION
We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, or the information and materials provided therein. Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
The extent of allowable by law, Company will not be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages.
FORCE MAJEURE
We take our commitment to customers seriously. Sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
If any controversy or claim arising out of, or relating to, the Company , it’s services, our Privacy Policy or any other legal agreement entered into relating to the Company, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law.
The Terms of Use will be governed and construed in accordance with the laws of the South Carolina.
The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) and administered by the AAA. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against the Company to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse the Company for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.
The place of any such arbitration shall be in Charleston, South Carolina.
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Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against the Company will be initiated only in your individual capacity.
APPLICABLE LAW & JURISDICTION
Except where otherwise required by mandatory law, these Terms of Service as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of South Carolina.
CHANGES TO THIS POLICY
The Company may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. If we make a change to this Policy that materially affects the way your information is used, an email will be sent notifying you of the change or changes to the Policy. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use the Website after the Policy changes, you allow for us to use your information in the way described in the updated policy.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Company prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.
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The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to info@sanfordcollective.com, for Company and to your email address.
Last updated: February 17, 2021