Terms of service
TERMS OF SERVICE
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OVERVIEW
Last updated: April 10, 2024
PLEASE READ ALL OF THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS INCLUDE A CONSOLIDATED, REPRESENTATIVE AND CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE ANY AND ALL DISPUTES BETWEEN YOU AND PORTLAND LEATHER LLC. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY ALL OF THESE TERMS. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, YOU AGREE TO REVIEW THE TERMS EACH TIME YOU USE THE SITE AND/OR MAKE A PURCHASE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR MAKE A PURCHASE. FURTHER DETAILS ARE SET FORTH BELOW, INCLUDING WITHOUT LIMITATION IN THE “DISPUTE RESOLUTION AND ARBITRATION SECTION.”
This website is operated by Saraevan Leather Goods (“Saraevan Leather LLC” or “PLG” or “Saraevan Leather”). Throughout the site, the terms “we,” “us” and “our” refer to Saraevan Leather Goods. Saraevan Leather Goods offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, joining PLG Rewards, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available herein by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check for changes to the Terms of Service each time you use the website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature via your use of this website. A breach or violation of any of the Terms may in our sole discretion result in termination of your Services in accordance with the Termination section set forth below.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - – DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”)
Informal Dispute Resolution
We hope to never have a dispute with you. And, should we have a dispute, we hope to resolve it in an efficient, timely and cost-effective manner. If we cannot resolve a dispute, both you and Saraevan Leather agree to the following dispute resolution procedure:
In the event of any controversy, claim, action or dispute between you and Saraevan Leather LLC arising out of or related to your use of this website, the Services, any purchase, or any transaction by you in a Saraevan Leather store, including on the Saraevan Leather website or in a Saraevan Leather physical location, or which is otherwise related to any breach, enforcement, interpretation, or validity of these Terms of Service or any part of them (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 60 days (which period can be extended by written agreement of the parties) from the date of receipt in which to respond to or try to settle the Dispute.
Both you and Saraevan Leather agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process, starting with the date that you provided notice of your Dispute.
Notice of your Dispute shall be sent to Saraevan Leather at:
Saraevan Leather
Attn: “Informal Dispute Resolution”
2512 SE Gladstone St
Portland, OR 97202
Notice shall be sent to you at either your last-used billing address, or the billing or shipping address in your online profile.
Binding Agreement to Arbitrate
You and we further agree that if we cannot resolve within 60 days the Dispute by agreement through the informal dispute resolution procedure described above, the Dispute must be resolved through binding individual arbitration. You and Saraevan Leather agree to give up, i.e., waive, your and our right to go to court and assert or defend your or our rights under the Terms of Service, waive your and our right to a court or jury trial, and waive your or our right to sue in court with respect to any Dispute.
You and we agree that the arbitration shall be conducted before the American Arbitration Association ("AAA") pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website, www.adr.org. To the extent this Arbitration Agreement conflicts with the AAA Rules, this Arbitration Agreement will control. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. If the parties cannot agree upon a provider, a provider who shall administer the arbitration consistent with this Arbitration Agreement shall be selected by a court of competent jurisdiction.
Special Procedures for Mass Arbitration: You further agree that if your arbitration claim is filed at or around the same time of other similar claims by the same, related or coordinating counsel, you agree that your claim shall be temporarily stayed or phased to allow the AAA or other arbitration provider to establish efficient and fair adjudication procedures (such as provided for in the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules). A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Saraevan Leather. Should a court of competent jurisdiction decline to enforce these "Special Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA or other appointed arbitrator as the case may be to address reductions in arbitration fees.
You and we further agree that the Federal Arbitration Act ("FAA") governs this Arbitration Agreement. This Arbitration Agreement shall be interpreted, construed, and enforced in accordance with the FAA, 9 U.S.C. §§1-16.
You and we agree that a single neutral arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, or enforceability of this Arbitration Agreement, including the determination of the scope or applicability of this Arbitration Agreement. You and we agree that the arbitrator shall have the exclusive authority to determine the arbitrability of any Dispute. You and we agree that the arbitrator will adjudicate our Dispute and the arbitrator’s decision will be final except for a limited right of appeal under the FAA.
Waiver of Class Action, Coordinated, Collective and Representative Claims (“Class Action Waiver”)
YOU AND PORTLAND LEATHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR PORTLAND LEATHER’S RESPECTIVE INDIVIDUAL CAPACITIES AND IN DOING SO YOU AND PORTLAND LEATHER HEREBY WAIVE THE RIGHT TO TRIAL BY COURT OR JURY, AS WELL AS YOUR RIGHT TO ASSERT OR PARTICIPATE IN A REPRESENTATIVE ACTION, A COORDINATED ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, A CLASS ACTION LAWSUIT OR A CLASS ACTION ARBITRATION (EITHER AS A REPRESENTATIVE CLAIMANT OR PLAINTIFF, NAMED CLAIMANT OR PLAINTIFF, CLASS REPRESENTATIVE OR CLASS MEMBER), AS WELL AS THE RIGHT TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OR PROCEEDING OF ANY KIND. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY ACTION THAT IS NOT BROUGHT AND PROSECUTED AS AN INDIVIDUAL ACTION PERTAINING SOLELY TO YOUR INDIVIDUAL DISPUTE.
If it is decided that applicable law precludes enforcement of this section’s limitations as to a particular claim and/or claimant, then that claim and/or claimant—and only that claim and/or claimant—may be severed from any arbitration and may proceed in court.
The arbitrator is empowered to resolve the Dispute with any relief authorized by law in connection with the Dispute except that if a court determines that any of the prohibitions on non-individualized relief, i.e., class, representative, coordinated, collective, consolidated, or private attorney general actions, are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court, but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Arbitration Agreement, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Initiation of Arbitration
You may initiate arbitration related to a Dispute by submitting a demand to the AAA and simultaneously notifying Saraevan Leather in writing, with notice provided to:
Saraevan Leather
Attn: Title, “Arbitration Demand”
2512 SE Gladstone St
Portland, OR 97202
Selection of the Arbitrator
The arbitrator shall be selected in the following manner:
The parties shall first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator, the parties shall request that AAA send simultaneously to each party to the Dispute an identical list of 10 names of persons chosen from the AAA’s National Roster of Arbitrators (“National Roster”).
Unless otherwise directed by AAA, each party to the Dispute shall have 14 calendar days from the date that the AAA transmits the list of names in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists.
Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. Saraevan Leather will promptly reimburse you filing fees that you incur to initiate any arbitration proceeding (this does not include the AAA fees or arbitrator’s fees). If you initiate the arbitration, we may recover the AAA fees or arbitrator’s fees, or filing fees we reimbursed, only if the arbitrator finds the arbitration frivolous or brought by you in bad faith or for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11. If we initiate the arbitration, we will bear the AAA’s and arbitrator’s fees under any circumstance. We will not seek our attorneys’ fees or expenses from you in any arbitration.
The Arbitration Hearing
By mutual agreement of the parties, the arbitration hearing may be based upon written submissions only or conducted by telephone or electronic means (including virtually by Zoom or similar platform), or at another mutually agreed location as set forth in the AAA rules. In the absence of mutual agreement, the arbitrator shall decide the manner and location of the arbitration.
Option of Small Claims Court
In lieu of arbitration, you may seek to resolve the Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Such small claims action shall serve as your exclusive process and remedy for the Dispute. Saraevan Leather will submit to binding arbitration in any event.
Severability
If a court finds any part of this Arbitration Agreement and/or Class Action Waiver illegal or unenforceable, the part that the court has found to be illegal or unenforceable will be severed, and the rest of this Arbitration Agreement and/or Class Action Waiver will remain in full force and effect.
Scope
You accept this Arbitration Agreement and Class Action Waiver by your use of the Saraevan Leather Website or purchase of one or more Saraevan Leather products online or in Saraevan Leather’s physical stores, or your use of services that we provide to you (including by becoming a PLG rewards member). You agree to abide by the terms of this Arbitration Agreement without modification. We reserve the right to change such terms from time to time. Any such changes will be effective upon posting except you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above. By rejecting any such term, you are not opting out of arbitration altogether; rather, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes each time you use our site.
SECTION 5 - PRICING POLICIES
The strike-through, reference or comparable list price of a Saraevan Leather product represents the value of a similar or reasonably comparable product on the market recently or in a past season or year. It may not represent the price in effect in our stores or online elsewhere in the market on any particular day or in every location.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy - https://www.portlandleathergoods.com/policies/refund-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Please see the Refunds and Bulk Purchases section below. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Please also see the
Refunds and Bulk or Reseller Purchases section below. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
For more detail, please review our Refunds Policy - https://www.portlandleathergoods.com/policies/refund-policy.
SECTION 9 - REFUNDS AND BULK OR RESELLER PURCHASES
Saraevan Leather reserves the right to restrict or refuse future transactions or returns and exchanges from customers with, in our sole discretion, unreasonable return histories. We may monitor customer return activity and take appropriate action (including but not limited to denial of any or all refunds) if activity in violation of our refund policy is detected.
Saraevan Leather further reserves the right to restrict or refuse future transactions or returns pertaining to bulk purchases or purchases for resale. Such purchases generally include purchases of more than 12 items or in excess of $2,500 on an annual basis by a customer or related customers. Multiple accounts, names, credit cards, e-mails, billing addresses, or other information may not be used to circumvent the refund restrictions that apply to bulk purchases.
Saraevan Leather also reserves the right, in its sole discretion, to prohibit purchases and/or returns of products by bulk purchasers or to impose, in addition to shipping costs, a restocking fee of twenty percent (20%) on all such goods where permissible by law.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or custom images/phrases) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please go to
https://www.portlandleathergoods.com/policies/privacy-policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical or other errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL PORTLAND LEATHER LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, CONTRACTORS, SUBCONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS 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, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Saraevan Leather Goods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or breach of the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
You, in your discretion, are free to not use our website or Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we, in our sole discretion, may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, including without limitation the provisions herein pertaining to Dispute Resolution and Arbitration, Forum Selection and Governing Law.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas, without giving effect to its conflict of laws provisions.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this website.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website for changes each time you use the website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - SMS MARKETING
In addition, you agree to our Messaging Terms
(https://terms.pscrpt/legal/shop/forgedleather/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/forgedleather/privacy_policy)
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
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