TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU (“User”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE ("Agreement"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
SECTION 1. USE OF THE SITE
SECTION 1.1 Application
These terms and conditions of use in this Agreement apply exclusively to your access to, and use of, the Website of Woolard Services, LLC ("Company"), located at www.savvywool.com ("Site") and the information and other services provided therein ("Services"). The Company is located in Jefferson County, Alabama.
SECTION 1.2 Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of the Company. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of the Company. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
SECTION 1.3 Eligibility and Accuracy of Information
By registering for an account or using the Site, you represent and warrant that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18 years of age. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.
Savvywool.com does not assume responsibility for ads placed on the Site or for transactions occurring outside of the Site.
You agree that you will not use the Site for any illegal purpose. You shall be responsible for obeying all laws including, but not limited to, federal, state, municipal, and tribal laws, including compliance with applicable licensing requirements.
You agree that you will not post ads or links for other web Sites.
The Site may otherwise contain links to third party websites as well as third party advertisements. We are not responsible for and disclaim liability for the privacy or other practices of any such third party. We recommend that you review the privacy policies of each website you visit and use appropriate caution whenever asked for your personal information.
You represent, warrant, and covenant that all information given to us (including your name, address, and other information associated with your account ("User Information")), and all information communicated to other users of the Site, is true, accurate, up-to-date and not misleading.
SECTION 1.4 Registration, Account, and Communication Preferences
By creating an account, you also consent to receive electronic communications from Savvy Wool (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
SECTION 1.5 Termination and Suspension
We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement. We reserve the right:
- To reject your request for registration at any time for any reason, without notice or refund; and
- To terminate or suspend your access by disabling your account at any time for any reason, without notice or refund.
SECTION 1.6 Prohibited Activities List
You may not use savvywool.com for activities that:
- Violate any law, statute, ordinance, regulation or industry standard;
- Violate intellectual property rights;
- Encourage, promote, facilitate, or instruct others;
- To engage in criminal activity;
- To engage in conduct that would give rise to civil liability or otherwise violate any law or regulation;
- To post personal information such as email, address, or phone number;
- Posting any information which is untrue, inaccurate, or not your own;
- Using the Site to drop ship merchandise to third parties;
- To harvest or otherwise collect information about other users of the Site, including e-mail addresses, without their consent;
- To compromise the security of any service the Company provides, including attempting or gaining access to system areas private to the Company, or to other users of the Site;
- To use robot, spider, scraper, or other automated means to access the Site for any purpose without the Company’s express written permission.
The above list is not exhaustive. We reserve the right to modify this list at any time without advance notice to you.
Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of the Company.
SECTION 1.7 Abuse of Site
Failure to comply with these Terms and Conditions may result in termination and/or suspension of your account. Prohibited use includes any use in conflict with these Terms and Conditions or any use in conflict with applicable law. We reserve the right to suspend and/or terminate your account at any time without advance notice to you.
NOTICE: Abuse of this Site may result in the release of your personal information to relevant government agencies. In accepting this Agreement, you agree to such release.
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (1) Discontinue use of the Site and services; (2) Terminate your membership; and (3) Notify us of termination. You may terminate this Agreement and your account with us, subject to any restrictions contained in Section 3, only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the Section 3.3, 3.5, and 12.3. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated it will be marked inactive in our system, but we cannot delete your user information or transaction history.
SECTION 1.8 Changes to Agreement
SECTION 2. Transactions
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. The Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with the Company and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
SECTION 3. Memberships
The Company offers a rebillable annual membership (“Annual Memberships”) to customers based in the continental United States which include certain benefits such as free shipping. Free shipping is not included for residents of Alaska, Hawaii, or any other territories under the control of the United States.
SECTION 3.1 Automatic Renewal Terms
The Annual Membership is subject to automatic renewal, you agree that the Company may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before the Company reasonably could act.
SECTION 3.2 Annual Memberships
By purchasing an Annual Membership, you agree and acknowledge that your membership has either an initial pre-payment feature or a monthly installment payment feature for one full year of service. All Annual Memberships have a automatic renewal fee at the then-current Annual Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by the Company after the expiration date of your payment card. For the current annual membership fees which are subject to change in the future: savvywool.com/pages/memberships. Annual Membership fees may be paid for in either of the following manners:
SECTION 3.2.1 PREPAID ANNUAL MEMBERSHIP FEES. Annual Membership fees may be prepaid at a discount in one lump sum which is due upon signing up for an Annual Membership. The cost for a Prepaid Annual Membership will be posted at savvywool.com/pages/memberships. Prepaid Annual Membership fees are non-refundable. If we change the Prepaid Annual Membership rate which will affect the renewal rate, we will provide you with notice of such changes, such as by email or notice posted on the Site.
SECTION 3.2.2 MONTHLY INSTALLMENT ANNUAL MEMBERSHIP FEES. Annual Membership fees may also be paid in monthly installments which will be charged to you each month by the Company (or our third-party payment processor) typically on the day of the month that you signed up for your Membership. The cost for an Annual Membership which is paid in monthly installments will be posted at savvywool.com/pages/memberships. If we change the Annual Membership rate for memberships paid in monthly installments which will affect the renewal period only, we will provide you with notice of such changes, such as by email or notice posted on the Site.
When you register for an Annual Membership, you expressly acknowledge and agree that (A) the Company (or our third-party payment processor) is authorized to charge you on an annual basis or in monthly installments depending on the payment option you select for your membership (in addition to any applicable taxes and other charges) for as long as your Annual Membership continues and (B) your Annual Membership will automatically be renewed for another term of one year at the then-current Annual Membership rate under the same payment terms (a prepaid annual membership fee or monthly installments) as you previously selected until you cancel your Annual Membership or we suspend or stop providing access to the Site in accordance with these terms
SECTION 3.3 Cancellation Policy for Annual Membership Renewals
SECTION 3.3.1 PREPAID ANNUAL MEMBERSHIPS. You may cancel your current Annual Membership at any time, but you are not entitled to a refund of any of the Annual Membership fee that has already been paid. You may only cancel any renewal of your Annual Membership prior to the automatic renewal or during the first month of the renewal of your Annual Membership. In the event that you cancel the renewal of your Annual Membership within the first month of renewal, you will be entitled to a refund of the prorated prepaid membership fee. To cancel your Annual Membership renewal for the following year, at any time after you were billed for the then-current year, you may email us at Info@savvywool.com, and we will cancel the renewal of the membership for you. The cancellation shall be effective for the following membership term, but no fees will be refunded for cancellations processed after the first month of the renewal term. If you cancel, you may use your membership until the end of your then-current membership term.
SECTION 3.3.2 ANNUAL MEMBERSHIPS PAID IN MONTHLY INSTALLMENTS. You may cancel your current Annual Membership by paying a termination fee which is equal to 50% of the monthly payments remaining on the Annual Membership contract. To cancel your current Annual Membership, you may email us at Info@savvywool.com, and we will cancel the membership for you and charge the required termination fee. To cancel your Annual Membership renewal for the following year at any time prior to the end of your current Annual Membership, you may email us at Info@savvywool.com, and we will cancel the renewal of the membership for you. No fees will be refunded for cancellations processed during the middle of a term that has already been paid for. If you cancel, you may use your membership until the end of the last month which has been paid for under your then-current membership.
In the event you cancel your Annual Membership, please note that we may still send you promotional communications about Savvy Wool, unless you opt out of receiving those communications by following the unsubscribe instruction provided therein.
SECTION 3.4 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your membership (including any applicable termination fees, taxes, and other charges) (collectively, as applicable, an “Membership”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Membership may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Membership. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Membership, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Membership, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Past due payments may result in suspension and/or termination of your account as well as referral to a credit agency. We reserve the right to pursue applicable civil and criminal legal actions.
SECTION 3.5 Pricing
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with the membership plan, we will provide advance notice of such changes in accordance with Section 1.4. We will not, however, be able to notify you of changes in any applicable taxes. The logging into your account, as applicable, after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your membership(s) in accordance with the cancellation policies set forth in Section 3.3 and 3.5, as applicable.
SECTION 4. Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
SECTION 5. Product Information and limitation on quantities
SECTION 5.1 Product Information
Excluding any content that may be submitted by Users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing error, typographical error or other errors or inaccuracies, which we may correct without liability. We do not guarantee that all products described on our Site will be available.
SECTION 5.2 Quantity Limits
We also reserve the right to limit quantities purchased by Users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
SECTION 6. Proprietary Rights
The Company owns certain things on this Site, including the 'look and feel' of the Site, the name of the Site, the collective work copyright in sequences of public messages on the Site, and the business method. The User cannot reproduce any message thread from the Site, either electronically or in print, without the Company's permission and the permission of all participants in the thread. This is not a complete list – other things on the system are also the Company's property. Contact the Company before copying anything from the Site with plans of reproducing it or distributing it.
The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Site or information presented through the Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company or, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The User acknowledges and agrees that Company can display the User's images and text throughout the Site.
SECTION 7. Contributed Content
We value your engagement. When contributing content, please consider the following guidelines: By submitting or posting any materials or content on the Site, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the Company the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. The Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
All contributed content is subject to the terms set forth below, which include our policy regarding copyright infringement, and we reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
- In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via Info@savvywool.com.
SECTION 8. Limitation of Liability
SECTION 8.1 Indemnification
You shall indemnify, defend, and hold harmless savvywool.com and the Company, its parents, subsidiaries, divisions, and all affiliates, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by a savvywool.com Party in connection with any claims arising out of, based upon, or resulting from any of the following, whether by you or by a third party using your log-in. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
SECTION 8.2 Disclaimer of Warranties
You assume all responsibility and risk with respect to your use of the Site.
YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, TITLE, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We make no warranties of any kind regarding any other sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such other sites. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
SECTION 8.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY "PARTIES") SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR All DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) U.S. $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
You hereby acknowledge that the preceding paragraphs shall apply to all content, merchandise, and services available through the Site.
SECTION 8.4 No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging, inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
SECTION 9. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
SECTION 10. Copyright Infringement
The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes on your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Woolard Services, LLC 7135 Oak Crescent Lane Gardendale, AL 35071 Telephone: 703-598-8110
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement.
SECTION 11. Taxes and Fees
SECTION 11.1 Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. We are required to and do collect Alabama sales or use tax. Your purchase may be subject to Alabama use tax unless the purchase is exempt from taxation in Alabama. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means.
SECTION 11.2 Other Fees and Tax Issues
You agree that savvywool.com bears no responsibility for the reporting, payment, collection, and remittance of any other fee or tax that may be assessed on any transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against any liability for any sales/use, rental, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.
SECTION 12. Govering Law and Other Terms
SECTION 12.1 International Users; Choice of Law.
The Site is controlled, operated and administered by the Company, which is based within the state of Alabama, county of Jefferson, United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. This Agreement, all matters arising from or relating to the use of the Site, and any and all claims arising out of your relationship with the savvywool.com Parties shall be governed by and in accordance with the laws of the State of Alabama.
SECTION 12.2 Dispute Resolution; Attorneys' Fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF JEFFERSON, STATE OF ALABAMA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.
Savvywool.com reserves the right to institute proceedings in Jefferson County, Alabama in order to:
1. Obtain interim or provisional relief pending resolution of a dispute; or
2. Collect from you any monies due under this Agreement or under an award of the court described above.
You may not bring any action arising out of this Agreement or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, savvywool.com shall be entitled to recover from you its reasonable attorney's fees in responding to such action.
SECTION 12.3 Notices.
Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at savvywool.com. or by mail to us at:
Woolard Services, LLC
7135 Oak Crescent Lane
Gardendale, AL 35071
Or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
SECTION 12.4 Waiver; Remedies
The failure of the Company to partially or fully exercise any rights or the waiver of the Company of any breach of the Agreement by you shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver by the Company of any subsequent breach by you of the same or any other term of this Agreement. The rights and remedies of the Company under the Agreement and any other applicable agreement between you and the Company shall be cumulative, and the exercise of any such right or remedy shall not limit the Company’s right to exercise any other right or remedy.
SECTION 12.5 Electronic Execution.
When you click on "I Accept,'' you submit your electronic acceptance of this Agreement. Your electronic acceptance constitutes your acknowledgement and acceptance of all terms and conditions of this Agreement and will have the same legal force and effect as if you had physically signed this Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
SECTION 12.6 General Provisions.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including any other documents incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and savvywool.com, and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of savvywool.com, its affiliates, and you, and shall not be construed for the benefit of any third party.