Introduction
Welcome to the Willow & Everett® Kettle, Tea Kettle website, owned and operated by Willow & Everett LLC (“Willow & Everett“, “we“, “us” or “our“).
These Terms & Conditions (“Terms”) govern your access to and use of our website located at willoweverett.shop (the “Website“) and our related mobile applications and services (collectively, the “Services“), so please carefully read these Terms before using our Website or Services.
By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website or Services.
Use of the Website and Services
You must be at least 18 years old or have parental consent to access and use the Website and Services. By accessing or using the Website or Services, you represent and warrant that you are at least 18 years old or have obtained parental consent.
The Website and Services are intended for your personal, non-commercial use only. You may not use the Website or Services for any commercial purposes unless you have our prior written consent.
Your access and use of the Website and Services is at your own risk. The Website and Services are provided on an “as is” and “as available” basis without warranties of any kind. We make no representations or warranties about the accuracy, completeness, or suitability of the Website or Services for any purpose.
You are responsible for obtaining and maintaining all required equipment and services needed to access and use the Website and Services. This includes Internet access and mobile devices. We are not responsible for any third-party data or access charges incurred while using the Website and Services.
You agree not to access or use the Website or Services for any illegal, harmful, fraudulent, infringing or offensive use. You must comply with all applicable laws, regulations, and ordinances relating to your access and use of the Website and Services.
We reserve the right to limit, suspend, or terminate your access to the Website or Services at any time and for any reason, including if you violate these Terms.
Any unauthorized or illegal use of the Website or Services will result in immediate termination of your rights to access and use the Website and Services.
Intellectual Property Rights
The Website and Services contain proprietary content, information, and material protected by applicable intellectual property and other laws. This includes copyrights, trademarks, service marks, patents, and other intellectual property and proprietary rights.
You agree to respect and comply with all copyright and other legal notices, information, and restrictions contained in any content or material on the Website and Services.
Except as expressly authorized by us, you may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Website, Services, or any proprietary content, information or materials on the Website or Services for any purpose.
Using the Website or Services does not give you ownership of any intellectual property or proprietary rights to the Website, Services, or their content. Do not remove, obscure or alter any legal notices displayed on the Website or Services.
Trademarks
The Willow & Everett name, logos, slogans, product names, and designs (collectively “Trademarks”) displayed on the Website and Services are registered and unregistered Trademarks owned by us. You may not use our Trademarks in connection with any products or services that are not ours, in any manner likely to confuse or mislead others, or in any manner that disparages or discredits us.
User Content
You are responsible for any content or information you provide to us through the Website or Services (“User Content”). You must ensure all User Content complies with our Content Standards below.
By submitting any User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, edit, modify, reproduce, publicly display, publicly perform, distribute, and create derivative works of the User Content.
We have no obligation to monitor, verify or review any User Content, and we may delete or remove User Content at any time for any reason. We are not responsible for any loss, theft or damage of any User Content.
You are solely responsible for backing up and maintaining copies of any User Content you submit. We may block or restrict access to any User Content alleged to violate any third-party rights.
Content Standards
These Content Standards apply to all User Content and any use of interactive features of the Website or Services. User Content must:
- Be accurate and not misleading;
- Be genuinely held views and opinions;
- Comply with applicable law in the U.S. and worldwide;
- Not impersonate any other person;
- Not violate the privacy or infringe the rights of others;
- Not contain offensive, obscene, vulgar, pornographic, abusive or unlawful content;
- Not promote racism, bigotry, hatred or harm against any group or individual;
- Not promote or engage in violence or illegal activities; and
- Not provide instructional details about illegal activities.
We may remove any User Content that violates the Content Standards or is otherwise objectionable. You are solely responsible for your interactions with other users of the Website and Services.
Third-Party Links and Information
The Website and Services may contain links to third-party materials or websites, or information about third parties. We provide these links and third party information only as a convenience.
We do not endorse, warrant, guarantee or make any representations about any third party content, products or services. Your use of any third party sites or materials is at your own risk. Third parties may also reference or link to our Website or Services without our authorization, and we are not responsible for any third party links or references.
Disclaimers and Limitation of Liability
The Website and Services are provided on an “as is” and “as available” basis, with no warranties of any kind. To the maximum extent permitted by law, we expressly disclaim all warranties, representations and conditions of any kind regarding the Website and Services, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
We make no warranty that:
- The Website or Services will meet your requirements;
- The Website or Services will be available on an uninterrupted, timely, secure or error-free basis;
- The Website or Services are free from viruses or other harmful content; or
- The results that may be obtained from use of the Website or Services will be accurate or reliable.
Any material downloaded or otherwise obtained through the use of the Website or Services is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system, mobile device or loss of data resulting from downloading or obtaining any material.
We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising from your use of the Website or Services, including lost profits, business interruption, loss of data or goodwill, service interruption, computer damage or system failure, even if we were aware of the possibility of such damage.
In no event will our total liability to you arising from or related to the Website or Services exceed $100, regardless of the basis or theory upon which liability is asserted.
You release us from all losses, claims, liabilities, demands, and causes of action connected with your use of the Website or Services. You waive any protections, rights or benefits you may otherwise have under laws intended to prevent the waiver of unknown claims.
Indemnification
You will fully indemnify and hold harmless us (and our officers, directors, members, employees, agents, partners and affiliates) from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees) we incur arising from or related to your use of the Website or Services, any User Content you submit, post or transmit through the Website or Services, your violation of these Terms or infringement of any third party rights by you.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use and disclose personal information from and about you when you access or use the Website or Services. We reserve the right to disclose your personal information as required by law and to comply with a judicial proceeding, court order or legal process served on us.
Modifications and Termination
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to the Terms, we will notify you by updating the date at the top of these Terms and posting the updated Terms on the Website. We may also attempt to notify you by sending an email notification if we have an email address on file for you. Your continued access or use of the Website or Services signifies acceptance of the revised Terms.
We reserve the right to terminate your access to and use of the Website or Services, for any reason or no reason, upon notice to you. We will have no liability to you arising from or related to the termination of these Terms, your access to or use of the Website or Services, or any content or data you may have submitted through the Website or Services.
Upon termination, all rights granted to you under these Terms will immediately cease. Any provisions under these Terms that by their nature should survive termination of your access to the Website and Services shall survive.
Governing Law and Jurisdiction
All matters relating to your access or use of the Website and Services will be governed by U.S. federal law or the laws of the U.S. state where we principally operate. Any legal action or proceeding relating to your access to or use of the Website or Services will be brought exclusively in the federal or state courts located in or with jurisdiction over the U.S. state where we principally operate. You consent and submit to the personal jurisdiction of those courts for purposes of any action or proceeding.
General Provisions
These Terms constitute the entire agreement governing your use of the Website and Services. The failure of either party to exercise any right under these Terms will not constitute waiver of that right. There are no third party beneficiaries to these Terms.
If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect.
Contacting Us
If you have any questions about the Website or Services, please email us at [email protected].