1. Purchase Terms and Conditions: Urban Wood Goods uses reclaimed wood from the demolition of pre-1920s era structures such as buildings in Chicago and old barns from all over the Midwest to create beautiful, unique pieces of furniture. We work with several partners to ensure we preserve perfectly good wood from being burned or tossed into a land fill. Each piece of Urban Wood Goods furniture is specially manufactured for Buyer after Buyer places an order. Users may request a quote for a specific order on the Website ("Order Quotation"). Unless noted otherwise prices may not include complete shipping charges, in-transit insurance, sales or other applicable taxes, duties, storage charges, local delivery, uncrating and/or installation. Users may also place an order online, by phone or in our showroom (an "Order"). We refer to customers who place Orders as "Buyers". The furniture we produce and sell we refer to as "Goods".
1.1 Condition and Variation of Reclaimed Wood. Due to the nature of reclaimed lumber, and our manufacturing process, the Goods Buyer receives may possess unique characteristics like nail holes, knots, "checking" (small natural cracks), dents, dings, sawmarks and other characteristics commonly found in reclaimed wood furniture. Wood tones, and characteristics may vary based on irregularities of manufacture, color, surface, finish, grain and texture. We will do our best to address Buyer's unique style and tastes, but we cannot guarantee an exact match to previous Orders or any of the images Buyer sees on the Website, finish samples, or other promotional material used by Urban Wood Goods or our affiliates. Due to the nature of our Goods, color, texture, and all other characteristics of our material vary widely. We strongly urge you to view all of our Goods available on the Website to familiarize and understand this variation. Color and stain variation exists among wood samples as well. By placing an Order, Buyer agrees to this variation.
1.2 Custom Finishes & Sizes. Custom size, color, material or finishes to match a Buyer's request may be available from Urban Wood Goods at an additional charge. Charges for size modifications, finish sample matches and/or material changes will be provided after review by Urban Wood Goods. Samples will be provided to Buyer for review and approval. Production of Goods will not commence until Urban Wood Goods' receipt of written approval of price and sample from Buyer.
1.3 Assembly. Goods typically require very light and easy assembly. The assembly is made much easier and quicker if you have an electric or cordless screwdriver. All required hardware will come with your Goods and all holes are pre-drilled. If you have drawers on your Good, we will pre-drill the holes for hardware attachment on the underside. if you do not like where we place the holes, you may choose to easily move the drawer placement on your Goods to any position you prefer. Wood tops come unattached to table bases for ease of shipping and to minimize any shipping issues. They are very easy to attach.
1.4 Urban Wood Good's Right to Accept or Reject Order. Urban Wood Goods has the right, in its sole discretion, to accept or reject any Order. Urban Wood Goods may accept any Order by confirming the Order, collecting a deposit for such Order and/or sending an invoice to Buyer ("Invoice"). No Order is binding on Urban Wood Goods unless accepted by Urban Wood Goods as provided in these Terms. For the avoidance of doubt, in the event of a conflict between the terms and specifications of submitted Order, these Terms, or an Invoice, the terms on the Invoice shall control.
1.5 Changes to Order. Buyers may, within three (3) business days, make a written request to change an Order. Urban Wood Goods reserves the right to agree to or decline any requested changes due to availability of materials or any other reason. If Urban Wood Goods agrees to make changes, the pricing of the Goods ordered will be adjusted according to our pricing in place at the time the changes are requested. Approved changes to an Order may be subject, in addition to an increase in the price of the Goods, to change, cancellation or stocking fees. Please note that changes to an Order may require adjustment to the quoted lead time timeline for the manufacturing process.
1.6 Cancellation of Order. A Buyer has three (3) business days from the date the Order was placed to cancel the Order and receive a full refund without penalty. After this period, Urban Wood Goods may, in its sole discretion, allow Buyer to cancel the Order subject to a ten percent (10%) cancellation fee or refuse to cancel the Order.
1.7 Shipment and Delivery. All Orders must be paid in full, including shipping, handling, packing, storage, taxes and service charges, prior to any release for shipment to Buyer. Unless expressly agreed to by the parties in writing, Urban Wood Goods shall select the method of shipment of, and the carrier for, the Goods. Urban Wood Goods may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Partially filled Orders will be invoiced and available for shipping, delivery, installation or storage as though the Order were fully completed. Shipment and delivery options are based on the size of the Goods and the size of the Order (as set forth in more detail below). Please note that if free shipping is offered, delivery will only include curbside drop-off. If Buyer requires additional delivery services, Buyer will be responsible for all additional costs associated with such services.
(a) UPS Shipments.
Some small Orders (i.e. a single item that is 48" or less in length and less than 32" in width) and most single item Orders (i.e. benches up to 84", console tables up to 84", stools, small tables and small desks) will likely ship via UPS across the United States in one (1) to four (4) business days with no signature required. Please be aware that Orders only ship on business days; we do not offer weekend or holiday delivery without additional arrangements set up in advance and additional charges.
(b) Large & Over-sized Furniture.
Please reference [urbanwoodgoods.com/freightdeliverypolicy] prior to placing an Order for large Goods. Larger items (< 65" in length) such as tables and desks and multiple pieces often ship via a freight carrier selected by Urban Wood Goods, based on rates and carrier availability. For a residence or small business, standard freight carrier delivery will drop the crate off curbside. For a commercial business location, standard freight carrier delivery will drop the crate off on a loading dock. Residential Buyers will receive a call a day or so prior to anticipated delivery to set up a delivery appointment. If the delivery location is a business address, Buyer may not receive a phone call in advance to set up an appointment. For the smoothest delivery experience, it is recommended that you arrange to have additional labor or friends on site to assist with delivery. If you require additional delivery services to move the Order into a space or to have cate debris removed, Buyer acknowledges that you will incur and be responsible for any additional charges for such services. Urban Wood Goods will contact Buyer within three (3) days of placing an Order for large and/or oversized delivery that requires delivery to a location outside of its standard delivery zone. If Buyer chooses not to accept additional charges for such deliver, Buyer may cancel the Order.
(c) Sizing and Delivery Logistics; White Glove Delivery.
Please be advised that all Goods are oversized (i.e. 7' and above). For example, conference tables over 48" wide may be challenging to move through doorways. This means that the Goods may not fit into your elevator, stairwell, hallway or desired space. It is your sole responsibility to ensure that an Order can be delivered to your location and moved into its final space. Upon reasonable request, Urban Wood Goods may be able to build certain Goods in pieces to facilitate delivery. Notwithstanding the foregoing or anything in these Terms to the contrary, Urban Wood Goods assumes no responsibility, liability or loss related to logistical delivery or placement issues. Urban Wood Goods will not supply the labor to move Buyer's furniture up to an apartment, home or business unless Buyer has paid in advance for this service. If Buyer is a business, please be certain Buyer has adequate assistance for moving the furniture into its final space. White glove delivery is available if Buyer must have it but Buyer must contact us to set this up and pay the additional charges which is typically several hundred dollars up to thousands or more for this service. A formal price quote is required in advance at the time of purchase, not when the furniture is already on site. Please contact us at email@example.com for more information on the shipment options for an Order.
(d) Late Delivery.
Any time quoted by Urban Wood Goods for delivery is an estimate only. Urban Wood Goods is not liable for or in respect of any loss or damage arising from any delay in filling any Order, failure to deliver or delay in delivery. No delay in the shipment or delivery of any Goods relieves Buyer of its obligations under these Terms, including without limitation payment for the Goods.
1.8 Title, Risk of Loss & Inspection. Delivery of Goods to a carrier for delivery to Buyer and/or its agent shall be deemed to constitute delivery to Buyer and thereupon title to such Goods, and risk of loss or damage, shall be Buyer's. Buyer shall inspect the Goods upon delivery and notify Urban Wood Goods within twenty-four (24) hours of receipt ("Inspection Period") if any Goods are damaged or incomplete. Buyer will be deemed to have accepted the Goods unless Buyer notifies Urban Wood Goods in writing of any damaged or incomplete Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Urban Wood Goods (including, without limitation, the original transportation bill noting that the carrier received the Goods from Urban Wood Goods in the condition claimed). After the Inspection Period, all Goods will be deemed accepted, except as such notice in writing has been timely given. Acceptance by Buyer and/or its agent of any Goods shall constitute a waiver by Buyer of any default or claim for damages on account of such Goods. BUYER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH IN THIS SECTION 1.8 ARE BUYER'S EXCLUSIVE REMEDIES FOR THE DELIVERY OF DAMAGED OR INCOMPLETE GOODS WHICH BUYER HAS ACCEPTED DELIVERY UNDER THIS SECTION 1.8.
1.9 Return Policy. Urban Wood Goods will accept returns on UPS shipments that are standard sizes within ten (10) days of delivery. For all returned Goods, including but not limited to returns as a result of Buyer's improper failure to accept delivery or otherwise accept the Goods, Buyer will be required to pay for return shipping and all additional costs incurred by Urban Wood Goods, including shipping, storage fees and restocking fee equal to 15% of the cost of the Good. For the avoidance of doubt, the requirement to pay for return shipping costs will apply even if the Goods were originally shipped free of charge. The full amount of the returned Goods less any return shipping cost, will be returned to the Buyer Once Urban Wood Goods has the Goods back in its possession. The following Goods are considered final sale and not eligible for return: (i) All custom furniture; (ii) all Goods that are 60" in length or greater x 24" wide or greater; and (iii) all Goods shipped in a crate or on a pallet via freight. This includes most dining tables, conference tables, bookcases and desks. This Section 1.9 also applies to all Orders placed on the internet.
1.10 Storage. Charges for storage will be assessed on Goods not delivered, shipped or released to Buyer four (4) weeks after such Good's availability. Buyer shall assume all costs and risks to Goods in storage and Goods will be considered available for delivery for all purposes related to these Terms. Goods available for delivery but not scheduled for delivery within ten (10) business days or accepted for a term of storage must be inspected by Buyer for defects, errors and/or shortages or omissions.
1.11 Quotations. Prices quoted are valid for thirty (30) days from date of the Order Quotation unless extended in writing. Urban Wood Goods reserves the right to change prices, dimensions and specifications without notice prior to Order confirmation.
1.12 Price and Payment Terms. By placing the Order, the Buyer agrees to pay the price of the Goods that is stated in the Order (the "Price"). Payment in full is required at the time of the Order. For commercial projects, Urban Wood Goods will accept a fifty percent (50%) deposit to begin, with balance paid before shipping. Buyer authorizes Urban Wood Goods and any payment processing service provider we may engage to charge Buyer's credit card for the Goods Buyer purchases through this Website. Buyer represents and warrants that it is the only one who will use Buyer's credit card in connection with this Website, and Buyer shall be responsible for any and all uses of such credit card. To dispute or cancel any erroneous charge, Buyer must contact us at firstname.lastname@example.org. A service charge of the lesser of 1.5% per month or the maximum permissible rate will be added to all Orders not paid within thirty (30) days from the date such payment is due.
1.13 Taxes. All taxes, duties and excises of any nature whatsoever now or hereafter levied by a foreign governmental authority, domestic governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any Goods covered hereby shall be borne by the Buyer. Buyer shall pay, or reimburse Urban Wood Goods for, all charges for transportation and delivery and all excise, order, occupation, use, sales or similar taxes, levies, charges or surcharges with respect to an Order, and Buyer shall pay, or reimburse Urban Wood Goods for, all other expenses levied by any government authority, whether federal, state or local, either directly or indirectly, applicable to the Goods sold or services provided by Urban Wood Goods.
1.14 Remedies Upon Default. If Buyer fails to make payment in accordance with the terms herein or otherwise fails to comply with any provision hereof, Urban Wood Goods may, at its option, cancel any unshipped portion of an Order, retain the Goods and declare a forfeiture of the deposit as liquidated damages. Urban Wood Goods shall also (in addition to other remedies available) have the right to appropriate and sell the Goods and apply the amounts collected to any payment due to Urban Wood Goods, and/or the payment of any expenses and costs to exercise Urban Wood Goods' rights hereunder, as Urban Wood Goods shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid Orders.
2. Limited Warranty for Goods. Urban Wood Goods offers a limited warranty for Goods manufactured by Urban Wood Goods. Goods intended for indoor use have a five (5) year limited warranty against defects in workmanship and materials from the original date of purchase by Buyer from Urban Wood Goods. During the applicable warranty period, Urban Wood Goods will, at its sole option, repair or replace, or provide a substitute for, any piece or part of a Good determined by Urban Wood Goods' to be defective in material or workmanship. Additionally, if we determine (in our sole and absolute discretion) that any faulty Goods have been caused by a manufacturing defect, we will either repair or replace (at our sole option) any such Goods. For the avoidance of doubt, Buyer expressly acknowledges and agrees that color, color changes, finish variations, imperfections in wood tops are natural in reclaimed wood Goods and are not covered by this warranty. Such imperfections include, but are not limited to: color variations, mineral deposits, watermarks, surface imperfections, & variations in pattern of wood grains. Any costs for packing and shipping are not covered under this Section 2 limited warranty. The repair or replacement of Goods constitutes Urban Wood Goods' entire obligation with respect to this Section 2 limited warranty.
(a) Proper Care and Use. Proper care and usage are essential to preserving Buyer's rights under this warranty. This warranty does not apply if the Goods are damaged by the use of cleaning products, detergents, abrasives or other harsh cleaning agents.
(b) Exclusions to Warranty. The limited warranty set forth in Section 2 does not cover damage resulting from negligence, abuse, normal wear and tear, or accidents: including, but not limited to, burns, scratches, scuffs, watermarks, and indentations, blunt force trauma, pet damage, minor chips in the finish that may result from normal usage. Urban Wood Goods will execute its sole discretion in determining if damage is the result of improper use. Reclaimed, dimensional planks of lumber have inherent inconsistencies, natural defects and irregularities that are part of their unique nature. These are considered to be desired effects. Solid wood adjusts different times of the year to the moisture content of the air. In a sense the wood breathes. Wood will also adjust to the moisture content of the space the Goods are kept and its surroundings. You may notice your slab wood furniture piece move slightly and develop small cracks or dips and slight bowing or cupping. This is normal. Slab furniture cannot be compared to other solid wood furniture pieces. This product will have movement during its life and this is just the nature of natural wood slab furniture. The wood tops may scratch or fade slightly when exposed to sunlight or stain after prolonged contact with other substances. Some expansion and contraction is to be expected due to extreme changes in humidity and temperature. The foregoing shall not be considered defects in materials or workmanship and are not covered under Section 2. Steel legs are warranted not to fail structurally but the warranty does not cover aesthetic issues with steel legs. Damage resulting from improper handling after the Good are received or from exposure to weather or extreme atmospheric conditions is not covered by the warranty in Section 2. Additionally, Buyer expressly acknowledges that all drawings, descriptions, dimensions and illustrations provided by Urban Wood Goods, including in any price lists, catalogs or advertisements, are close approximations only. Any examples or samples exhibited or provided to Buyer are for general informational purposes only. Because of craftsmanship or use of natural materials in Urban Wood Goods' products, normal variations can occur from piece to piece. The limited warranty set forth in Section 2 of these Terms does not cover such differences and nothing in any drawing, description, illustration, list, advertisement, catalog or sample shall be deemed to create a representation or warranty or serve as the basis for any claim against Urban Wood Goods.
(c) Claims. Please be prepared to send photos and provide order details such as the Order date and Buyer name. To obtain proper service under the warranty set forth in Section 2, the original purchase receipt must be submitted to Urban Wood Goods. If a Buyer needs to make a warranty claim on any Good covered under Section 2 of these Terms, please send an email to email@example.com and include the Buyer's name, order number, and a photo of the damage to the Goods.
THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. Continued Operation, Accessibility, and Maintenance of this Website. We may modify, change, suspend, terminate or discontinue the operation of this Website or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
4. Disclaimer of Warranties. EXCEPT AS PROVIDED IN SECTION 2 OF THESE TERMS, THIS WEBSITE, AND ALL OF ITS CONTENTS AND SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER URBAN WOOD GOODS NOR ANY PERSON ASSOCIATED WITH URBAN WOOD GOODS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER URBAN WOOD GOODS NOR ANYONE ASSOCIATED WITH URBAN WOOD GOODS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR- FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. URBAN WOOD GOODS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Limitation on Liability. IN NO EVENT WILL URBAN WOOD GOODS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR (B) YOUR HANDLING, USE OR ANY OTHER CAUSE WITH RESPECT TO ANY GOODS OR SERVICES OR ITEMS OBTAINED THROUGH URBAN WOOD GOODS, THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FURTHER, IN NO EVENT SHALL URBAN WOOD GOODS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OR OTHER AMOUNTS FOR ANY REASON WHATSOEVER IN EXCESS OF THE PRICE OF THE GOODS ORDERED BY BUYER OR ITS AGENT. ANY CLAIM BY BUYER OR ITS AGENT WITH REFERENCE TO ANY GOODS SOLD SHALL BE DEEMED WAIVED BY BUYER AND/OR ITS AGENT UNLESS SUBMITTED TO URBAN WOOD GOODS, AS APPLICABLE, IN WRITING, WITHIN THIRTY (30) DAYS FROM THE DATE BUYER AND/OR ITS AGENT DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY CLAIMED BREACH.
6. Indemnification. Buyer shall defend, indemnify and hold harmless Urban Wood Goods and its subsidiaries, affiliates, successors or assigns and its respective directors, officers, shareholders and employees, (collectively, "Indemnitees") against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, "Losses") arising out of or occurring in connection with the Buyer's use of the Website; Buyer's negligence, willful misconduct or breach of the Terms; or arising out of or relating to your violation of these Terms.
7. Your Account. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8. Prohibited Uses
In connection with your use of the Website, you will not:
(a) breach these Terms;
(b) violate any applicable federal, state, local or international law or regulation;
(c) violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or
(d) infringe Urban Wood Goods', or any third party's copyright, patent, trademark, trade secret
or other intellectual property rights, or rights of publicity or privacy;
(e) act in a manner that is defamatory, trade libelous, threatening or harassing;
(f) provide false, inaccurate or misleading information;
(g) impersonate any person, or misrepresent your identity or affiliation with any person or
organization or in any way that is likely to deceive any person;
(h) use an anonymizing proxy;
(i) upload, post, use or otherwise make available any unsolicited or unauthorized advertising or
promotional materials, including without limitation, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation;
(j) take any action that imposes an unreasonable or disproportionately large load on our
(k) facilitate any viruses, Trojan horses, worms or other computer programming routines that
may damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information;
(l) use any robot, spider, other automatic device, or manual process to monitor or copy our
Website without our prior written permission
(m) use any device, software or routine to bypass our robot exclusion headers, or interfere or
attempt to interfere with our Website;
(n) take any action that may cause us to lose any of our services from our internet service
providers, payment processors, or other suppliers.
Urban Wood Goods will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
9. Intellectual Property Rights. The Website, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all drawings, plans and designs created by Urban Wood Goods are owned by Urban Wood Goods, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for the limited purposes provided in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
10. Submissions to Urban Wood Goods. Any and all materials you send or submit to us or a third party provider (by telephone, electronically, in writing or otherwise), including, without limitation, comments, suggestions, product reviews, photos, or contest or sweepstakes entries (collectively, "Submissions"), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Urban Wood Goods an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Urban Wood Goods shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
11. Trademarks. Urban Wood Goods' name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of Urban Wood Goods or its affiliates or licensors. You must not use such marks without the prior written permission of Urban Wood Goods. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
12. Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Copyright Agent – Erin True
13. Geographic Restrictions. The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do soon your own initiative and are responsible for compliance with local laws.
14. Governing Law and Jurisdiction. All matters arising out of or relating to an Order or to the Website and these Terms shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. All disputes shall be filed with the American Arbitration Association (AAA) in Chicago, Illinois and governed by the rules of the AAA. All decisions made in the arbitration shall be binding and an entry of judgment shall be deemed to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Attorney fees and related costs shall be awarded to the prevailing party.
15. Waiver and Severability. No waiver by Urban Wood Goods of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Urban Wood Goods to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Force Majeure. Urban Wood Goods shall not be liable for any delays in, inability to complete, or other default in any Order for any reason or cause beyond Urban Wood Goods' reasonable control, including but not limited to (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Urban Wood Goods inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving Urban Wood Goods, a manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Urban Wood Goods' performance due, in whole or in part, to any cause beyond Urban Wood Goods' reasonable control, Urban Wood Goods shall have such additional time for performance as may be reasonably necessary under the circumstances. Buyer's acceptance of any Goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such Goods.
17. Changes to the Terms. We may revise and update these Terms from time-to-time in our sole discretion and without prior notice. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
Last Modified: May 2019