Terms of Use.

These Terms of Use are effective on and after August 30, 2019.

 

Accepting These Terms

The Terms of Use are a legally binding contract (Terms) between you and Compost Canvas, Corp. (Compost Canvas, we, us, our). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants. The Terms also include the Privacy Policy and the Return and Exchange Policy.

Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Please note that these Terms contain a disclaimer of warranty, limitation of liability and indemnification. To the fullest extent provided by law, we expressly disclaim any warranty and liability in connection to your or your minor dependents’ use of the Website or any products procured on the Website, and you agree to indemnify us for any claim arising out of your or your minor dependents’ actions (or inactions) in regards to the Website or any product procured on the Website.

This contract sets out your rights and responsibilities when you use CompostCanvas.com (the Website). By using the Website (including browsing or purchasing a product on the Website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use the Website.

 

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, or use of any product purchased on the Website, without express written permission by us. You are prohibited from using the Website or any product purchased on the Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to upload or transmit viruses or any other type of malicious code or to collect or track the personal information of others.

 

Accuracy, Completeness and Timeliness of Information

 

 

Procuring a product on CompostCanvas.com

When you use the Website or procure a product on the Website, you agree and represent that:

1.     You are 18 or older and at least the age of majority in your state or province of residence; or you are the parent or legal guardian of any of your minor dependents who are at least 13 years of age when they use this Website and they have your permission and are under the direct supervision and physical presence of the parent or legal guardian. A minor under 13 years of age may not use the Website or products procured on the Website.

2.     You may not use our products for any illegal purpose or in a way which violates any laws in any jurisdiction. 

3.     You have read the product description before making a purchase.

4.     You have submitted appropriate payment for item(s) purchased.

5.     You have provided accurate shipping information.

6.     Colors depend on our monitor and the actual color may vary from how it appears on your monitor.

7.     We reserve the right to limit the quantities of any products or services that we offer, and to limit, refuse, or cancel any order you place on the Website. 

8.     All product specifications, descriptions of products or product pricing are subject to change by us without notice.

 

Indemnification

IF COMPOST CANVAS, our OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS (THE COMPOST CANVAS PARTIES) GETS SUED OR INCURS A CLAIM BECAUSE OF YOUR OR YOUR MINOR DEPENDENTS’ ACTIONS (OR INACTIONS) IN REGARDS TO THE WEBSITE OR ANY PRODUCT PROCURED ON THE WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE COMPOST CANVAS PARTIES, YOU’LL DEFEND AND HOLD HARMLESS FROM ANY LEGAL CLAIM OR DEMAND INCLUDING AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, (INCLUDING REASONABLE ATTORNEY’S FEES) THAT ARISES FROM YOUR ACTIONS, YOUR USE (OR MISUSE) OF THE WEBSITE, YOUR USE (OR MISUSE) OF THE PRODUCTS PURCHASED ON THE WEBSITE, YOUR BREACH OF THE TERMS, OR YOUR INFRINGEMENT OF SOMEONE ELSE’S RIGHTS.

 

Warranty Disclaimer

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED ON THE WEBSITE WILL MEET YOUR EXPECTATIONS.

IN NO CASE SHALL COMPOST CANVAS, CORP., OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, REPUTATION LoSS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT PROCURED USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Limitation of Liability

YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE PRODUCTS PROCURED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPOST CANVAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, AND THE PRODUCTS PROCURED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPOST CANVAS DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE LAW PROHIBITS OUR ABILITY TO LIMIT OUR LIABILITY FOR DIRECT DAMAGES, THE MAXIMUM AMOUNT YOU CAN RECOVER FROM US IS ONE HUNDRED DOLLARS ($100.00). IF YOU ARE DISPLEASED WITH THE WEBSITE YOU SHOULD SIMPLY CEASE USING IT.

 

Disputes

If there is any issue with Website or any product purchased on the Website, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving the Website or any product purchased on the Website:

A. Governing Law. The Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. YOU AND COMPOST CANVAS AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THE TERMS SHALL BE FINALLY SETTLED BY FINAL AND BINDING ARBITRATION, USING THE ENGLISH LANGUAGE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) UNDER ITS CONSUMER ARBITRATION RULES (THE "AAA RULES") THEN IN EFFECT (THOSE RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE INTO THIS SECTION, AND AS OF THE DATE OF THESE TERMS YOU CAN FIND THE AAA RULES AT https://www.adr.org/Rules > Consumer Arbitration Rules.

ARBITRATION WILL BE HANDLED BY A SOLE ARBITRATOR IN ACCORDANCE WITH THOSE RULES. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT THAT HAS JURISDICTION. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND COMPOST CANVAS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. NOTWITHSTANDING THE FOREGOING, EACH PARTY SHALL HAVE THE RIGHT TO BRING AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE OR CONSERVATORY RELIEF, PENDING A FINAL DECISION BY THE ARBITRATOR. YOU MAY INSTEAD ASSERT YOUR CLAIM IN “SMALL CLAIMS” COURT, BUT ONLY IF YOUR CLAIM QUALIFIES, YOUR CLAIM REMAINS IN SUCH COURT, AND YOUR CLAIM REMAINS ON AN INDIVIDUAL, NON-REPRESENTATIVE, AND NON-CLASS BASIS.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.

D. Choice of Law; Jurisdiction. Any legal action against Compost Canvas related to the Website must be filed and take place in Cook County, Illinois. For all actions under the AAA Rules, the proceedings will be in Cook County, IL, or otherwise conducted at a location which is reasonably convenient to both parties. For any actions not subject to arbitration, you and Compost Canvas agree to submit to the personal jurisdiction of a state court located in Cook County, Illinois or the United States District Court for the District of Cook County, IL.

E. Modifications. If we make any changes to this “Disputes” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Compost Canvas prior to the date the changes became effective. Changes to the “Disputes” section will become effective the date they are posted on the Website. If you do not agree to the modified terms, do not use the Website after the changes become effective. You agree to arbitrate any disputes between you and Compost Canvas in accordance with the provisions of this “Disputes” section as of the date you last accepted the Terms, including any changes made prior to the date you last accepted the Terms. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website following the changes constitutes your acceptance of the updated Terms.

 

Delivery of Notice

We may deliver notice to you by means updating these Terms on the Website, or by other reliable method to the address you have provided to us.

 

Limitation on Period to Bring Claims

Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.

 

Complete Terms and Severability

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

 

Waiver, Estoppel

Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Use.

 

Contact Information

If you have any questions about the Terms, please email us at: info@CompostCanvas.com