terms and conditions
Last revised: December 27, 2018
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY PURCHASING MERCHANDISE, ACCESSING AND USING OUR SITE AND TRANSACTING WITH US, YOU ACKNOWLEDGE THAT YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION AND AGREE TO BE BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT.
You can purchase merchandise and communicate with us through the Site. Certain features of the Site may require you to create an account. To register, you must create a user account (“Account”) by providing a valid email address and creating a unique password. When you acquire merchandise as a guest or through your Account, you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account. We reserve the right to refuse service to customers who do not adhere to our Terms and Conditions
- MAKING A PURCHASE
You must provide us with your full legal name, an active telephone, a valid credit card (or valid third party credentials, such as your PayPal credentials), and current address to purchase products through our Site. All payments are processed by Shopify.com and are subject to its provisions. We will send you a confirmation email confirming that your order has been processed and that payment was received, and we will ship products to the address designated on your order within our approved domestic shipping requirements, in a timely manner.
- RISK OF LOSS
The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order by emailing firstname.lastname@example.org. Layo G shall not be liable to any customer for any loss or damage suffered by customer directly or indirectly, as a result of Layo G’s failure to deliver or delay in delivering merchandise or failure to perform, or delay in performing under these Terms and Conditions, or under any other agreements between the customer and Layo G, where such failure or delay is caused by fire, flood, natural disaster, labor trouble (including without limitation strike, slowdown and lockout), war, riot, civil disorder, embargo, government regulations or restrictions of any and all kinds, expropriation of plant by federal or state authority, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accident, explosion, act of God or other causes of like or different character beyond Layo G’s control (“Conditions”).
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
- SHIPPING, RETURNS & EXCHANGES
All returns are subject to our return policy located here.
- LICENSE AND USE RESTRICTIONS
- Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
- Your content. You hereby grant us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
- Restrictions. You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site, and you further agree not to do the following:
- use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
- gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
- probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
- use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
- not to make any false or misleading statements in connection with your use of the Site;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Restrict or inhibit any other user from using and enjoying the Site;
- Violate any applicable laws or regulations; and/or
- Create a false identity for the purpose of misleading others.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER, IS AGAINST ANY RULES, LAWS OR REGULATION, OR IS IN VIOLATION OF ANY PROVISION OF THIS AGREEMENT.
- INTELLECTUAL PROPERTY RIGHTS
The design of the Site, our merchandise, products and created text, scripts, graphics, images, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site. More specifically, Layo G is the owner of all trademarks, trade-name, service-marks, trade-dress and logos related to Layo G (“Layo G Trademarks”), and we own all rights therein, including those registered throughout the world, and those pending. Nothing in the dealings between the you and Layo G shall give you any right, title or interest in or to the Layo G Trademarks. You agree that you will do nothing inconsistent with Layo G's ownership of the Layo G Trademarks and shall not claim adversely to Layo G, or assist any third party in attempting to claim adversely to Layo G with regards to such ownership. You shall not directly or indirectly disrupt Layo G’s rights to the Layo G Trademarks in any jurisdiction, or otherwise question the validity of Layo G’s ownership rights to the Layo G Trademarks. You will not register, nor attempt to register, any trade name or trademark which, in whole or in part, incorporates or is confusingly similar to any Layo G Trademarks.
We are committed to ensuring that all customers are able to access and use our Site and follow the Web Content Accessibility Guidelines to the best of our ability to assist with ensuring that individuals with disabilities are able access and use our Site. To assist with accessibility we have implemented the following:
(1) Site Organization. Our Site and the Terms & Conditions have conspicuous headings that are easy to follow and read.
(2) Availability of Our Content. We take commercially reasonable measures to make Our Content available in variety of methods such as text and audio.
(3) Keyboard Accessibility. Many features of our Site are accessible using a keyboard.
FOR FURTHER ASSISTANCE PLEASE CONTACT US VIA EMAIL AT INFO@LAYO-G.COM.
- DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
- LIMITATION OF REMEDY AND LIABILITY.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. LAYO G’S LIABILITY IN ITS DEALINGS WITH ANY CUSTOMER, INCLUDING UNDER THESE TERMS AND CONDITIONS, ARE STRICTLY LIMITED TO THE VALUE OF THE SALE OR INVOICE, NOT TO EXCEED ONE THOUSAND US DOLLARS ($1,000.00).
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or in relations to (i) Your Content; (ii) your use of the Site; (iii) your violation of any terms of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law, rules or regulations in any jurisdiction; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following applicable Sections shall survive termination of the Agreement or your use of the Site: IP ownership rights, payments, limitation of liability, disclaimer of warranty, indemnity and dispute resolution.
- THIRD PARTY LINKS.
Our Site incorporates links to third-party websites. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.
By providing your email address to us or creating an Account, you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at info@Layo-g.com with the word “UNSUBSCRIBE”in the subject line.
- CHOICE OF LAW AND DISPUTES.
PLEASE READ THIS SECTION CAREFULLY.
You agree that any dispute or claim arising out of your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this Agreement to arbitrate, shall be resolved by arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms and Conditions.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the State of New York, in New York County. To the extent this Agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if you and Layo G agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Layo G by mailing it to: Layo G, LLC, 1301 Wall Street West, Unit 6406, Lyndhurst, NJ 07071, pursuant to the JAMS instructions. You shall bear all costs in connection therewith.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you expressly waive any right to a jury trial. In such instance, such proceedings shall be subject to the laws of the state and federal courts of New York, and any such claims must be brought against Layo G within the jurisdiction of New York, the County of New York. You also agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, including in and to the Layo G Trademarks.
If you have any questions about these Terms and Conditions, please contact us at:
Layo G., LLC
Attn: Customer Service
1301 Wall Street West
Lyndhurst, NJ 07071