Terms of Service
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.materialist.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Materialist, Inc. (“Materialist” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
- You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Materialist and that you will not access Materialist by any other means other than through the interface provided.
- In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Materialist will always be accurate, correct and up to date.
- You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Materialist.
- You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Materialist may suffer. You also agree that Materialist has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
Passwords, Privacy and Security
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
- You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at email@example.com
- In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws and that such products will be used only in a lawful manner. By placing an order, you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Sales by certain Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. If you have any questions regarding where a sale is being made, please contact us at firstname.lastname@example.org before purchasing the product. Materialist and our Vendors make no representation as to the right of any person to import any product into any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
- Materialist displays suggested retail prices for goods and services advertised based on pricing information available to us and provided to us by our Vendors. We make no representation or promise as to the reliability or accuracy of such information.
- Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Any packages that are refused or unable to be delivered by our common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs.
- All invitations to make an offer for a product featuring free shipping are invitations to make an offer for a product that includes the cost of shipping in the price of such product.
- The products and services sold on this Site are sold by the Vendors and subject to their privacy and shipping policies. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error.
- Materialist has affiliated legal entities that may provide services to you on behalf of Materialist. You acknowledge and agree that such affiliates are entitled to provide services to you.
- Materialist is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
- You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Materialist, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
- As between you and the Materialist, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by Materialist. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.
- Unless specifically requested, Materialist does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Materialist will be deemed not to be confidential or secret. By submitting or sending information or other material to Materialist you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Materialist you grant Materialist the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
DISCLAIMER OF WARRANTIES
- THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MATERIALIST DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MATERIALIST MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATERIALIST OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
LIMITATION OF LIABILITY
- IN NO EVENT SHALL Materialist OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF MATERIALIST OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE;
- YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND
- ANY CHANGE MADE BY MATERIALIST TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Credits, Gift Certificates and Invitations
- We may, from time to time, offer a credit for new-member referrals (“New Member Credits”). New Member Credits, if any, will be issued by Materialist and not our Vendors. New Member Credits may only be earned after new members that have been invited by a current member make at least one completed and shipped purchase in the amount of $25 or more within the first 30 days upon receipt of their invitation. New Member Credits carry no cash value and can only be used for purchases on the Site. New Member Credits expire one month from the date of issue and are non-transferrable. New Member Credits granted by any other means other than as a result of the initial, completed and shipped purchase by a new member introduced to Materialist for the first time by a referring member are in violation of these Terms and Conditions. You may not use spam to obtain referral credits, and you agree not to send invitations to join the Site to people who do not know you or who are unlikely to recognize you as a known contact.
- In addition to New Member Credits, we may issue or offer credits for returns and gift certificates. If we choose to offer these, the credits and gift certificates will be issued by Materialist and not our Vendors and will carry no cash value and will expire (if they expire) on the date specified. Credits and certificates are non-transferrable and may only be used to purchase products and services on the Site. Expired New Member Credits, credits and gift certificates may not be re-activated.
- Any referral credit or gift certificate granted in violation of these Terms and Conditions is null and void and subject to immediate cancellation or termination of all referral credits or gift certificates. We reserve the right to modify or amend these Terms and Conditions at any time and the methods by which special promotions or benefits are offered or earned.
- You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.
- The Site may be supported by advertising revenue. These advertisements may be targeted to members based on their membership history.
- The manner, mode, and extent of advertising by Materialist is subject to change without notice.
- In consideration for granting you access to and use of the Site, you agree that Materialist may place such advertising on the Site.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Materialist of such sites or the content, products, advertising or other materials presented on such sites. Materialist does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Materialist is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
- These Terms and Conditions constitute the whole legal agreement between you and Materialist and govern your use of the Site and completely replace all prior agreements between you and Materialist in connection with the Site.
- You acknowledge and agree that Materialist may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
- You acknowledge and agree that each subsidiary and affiliate of Materialist shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
- The Terms and Conditions and the relationship between you and Materialist shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Materialist agree that any cause of action, dispute or claim that may arise between you and Materialist shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- claims arising out of or related to any aspect of the relationship between you and Materialist, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
- claims that may arise after the termination of these Terms and Conditions.
You agree that you and Materialist are each waiving the right to trial by jury or to participate in a class action. You and Materialist agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and Materialist agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.
- You and Materialist each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located in the State of California. Notwithstanding any other provision herein, you agree that Materialist shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
- The failure of Materialist to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- We control and operate this Site from our offices in California. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
- You acknowledge and agree that Materialist may terminate providing any services or the legal agreement between you and Materialist for any reason at any time. If at any time, the relationship between Materialist and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
Code of Conduct
We continually strive to offer our members a unique and satisfying experience by curating fine architectural materials and products. Accordingly, we reserve the right to cancel or terminate any member’s account for any violation of our Terms and Conditions. Any fraudulent behavior, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on Materialist or to Materialist, our Vendors or any third party, will not be tolerated. Be good!