1. Purchase Terms and Conditions:Urban Woods uses reclaimed wood from the demolished buildings in Los Angeles to create beautiful, unique pieces of furniture. We work with a variety of suppliers and partners to ensure we select and salvage good wood from being disposed of into a land fill. Each piece of Urban Woods furniture is specially manufactured for Buyers after the Buyer places an order. Users may request a quote for a specific order on the Website (“Custom Orders”). 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 factory office showroom (an “Order“). We refer to customers who place Orders as “Buyers“. The furniture we produce and sell we refer to as “Furniture”.
1.1 Condition and Variation of Reclaimed Wood. Due to the nature of reclaimed lumber, and our manufacturing process, the Furniture that Buyer receives may possess unique characteristics like nail holes, knots, “checking” (small natural cracks), dents, dings, saw marks 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 Woods or our affiliates. Due to the nature of our Furniture, color, texture, and all other characteristics of our material vary widely. We strongly urge you to view all of our Furniture available on the Website to familiarize and understand this variation. Color and stain variations exist 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 Woods at an additional charge. Charges for size modifications, finish sample matches and/or material changes will be provided after review by Urban Woods. Samples may be provided to Buyer for review and approval. Production of Goods will not commence until Urban Woods’ receipt of written approval of price and sample from Buyer.
1.3 Assembly. Furniture typically requires very light and easy assembly. In some cases, the assembly is made much easier and quicker if you have an electric or cordless screwdriver. Beds usually do not require tools for assembly, but we may suggest the use of a hammer, mallet and or block of wood to assist in assembly. All required hardware will come with your Furniture and all holes are pre-drilled. Wood tops may 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’s Right to Accept or Reject Order. Urban Woods has the right, in its sole discretion, to accept or reject any Order. Urban Woods 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 Woods unless accepted by Urban Woods 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 Woods reserves the right to agree to or decline any requested changes due to availability of materials or any other reason. If Urban Woods agrees to make changes, the pricing of the Furniture 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 Furniture, 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 Woods 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 Woods shall select the method of shipment of, and the carrier for, the Furniture. Urban Woods may, in its sole discretion, without liability or penalty, make partial shipments of Furniture 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 Furniture and the size of the Order (as set forth in more detail below). Please note that if free shipping is offered, delivery may only include curbside drop-off or may include “in home” white glove service. If Buyer requires additional delivery services such as additional furniture moving or mattress removal and disposal, Buyer will be responsible for all additional costs associated with such services.
(a) UPS Shipments.
Some small Orders may 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) Sizing and Delivery Logistics; White Glove Delivery.
Please be advised that some Furniture is oversized. For example, some long tables, king size beds and wall units may be challenging to move through doorways. This means that the Furniture 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 Woods may be able to build certain Furniture in pieces to facilitate delivery. Notwithstanding the foregoing or anything in these Terms to the contrary, Urban Woods assumes no responsibility, liability or loss related to logistical delivery or placement issues. Urban Woods 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 or it has been provided as part of the purchase.
(c) Late Delivery.
Any time quoted by Urban Woods for delivery is an estimate only. Urban Woods 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 Furniture relieves Buyer of its obligations under these Terms, including without limitation payment for the Furniture.
1.8 Title, Risk of Loss & Inspection. Delivery of Furniture to a carrier for delivery to Buyer and/or its agent shall be deemed to constitute delivery to Buyer and thereupon title to such Furniture, and risk of loss or damage, shall be Buyer’s. Buyer shall inspect the Furniture upon delivery and notify Urban Woods within twenty-four (24) hours of receipt (“Inspection Period“) if any Furniture is damaged or incomplete. Buyer will be deemed to have accepted the Furniture unless Buyer notifies Urban Woods in writing of any damaged or incomplete Furniture during the Inspection Period and furnishes such written evidence or other documentation as required by Urban Woods (including, without limitation, the original transportation bill noting that the carrier received the Furniture from Urban Woods in the condition claimed). After the Inspection Period, all Furniture will be deemed accepted, except as such notice in writing has been timely given. Acceptance by Buyer and/or its agent of any Furniture shall constitute a waiver by Buyer of any default or claim for damages on account of such Furniture. 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. 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 Furniture, Buyer will be required to pay for return shipping and all additional costs incurred by Urban Woods, including shipping, storage fees and restocking fee equal to 15% of the cost of the Furniture. 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 Furniture less any return shipping cost, will be returned to the Buyer Once Urban Woods has the Furniture back in its possession. The following Furniture is considered final sale and not eligible for return: (i) All custom furniture; (ii) all Furniture that is 60” in length or greater x 24” wide or greater; and (iii) all Furniture 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 Furniture not delivered, shipped or released to Buyer four (4) weeks after such Furniture’s availability. Buyer shall assume all costs and risks to Furniture in storage and Furniture 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 Woods 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 Furniture that is stated in the Order (the “Price“). Payment in full is required at the time of the Order. For commercial projects, Urban Woods will accept a fifty percent (50%) deposit to begin, with balance paid before shipping. Buyer authorizes Urban Woods and any payment processing service provider we may engage to charge Buyer’s credit card for the Furniture 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 [email protected]. 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 Furniture covered hereby shall be borne by the Buyer. Buyer shall pay, or reimburse Urban Woods 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 Woods for, all other expenses levied by any government authority, whether federal, state or local, either directly or indirectly, applicable to the Furniture sold or services provided by Urban Woods.
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 Woods may, at its option, cancel any unshipped portion of an Order, retain the Furniture and declare a forfeiture of the deposit as liquidated damages. Urban Woods shall also (in addition to other remedies available) have the right to appropriate and sell the Furniture and apply the amounts collected to any payment due to Urban Woods, and/or the payment of any expenses and costs to exercise Urban Woods’ rights hereunder, as Urban Woods shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid Orders.
2. Limited Warranty for Goods.Urban Woods offers a limited warranty for Furniture manufactured by Urban Woods. Furniture intended for indoor use have a one (1) year limited warranty against defects in workmanship and materials from the original date of purchase by Buyer from Urban Woods. During the applicable warranty period, Urban Woods will, at its sole option, repair or replace, or provide a substitute for, any piece or part of Furniture determined by Urban Woods’ to be defective in material or workmanship. Additionally, if we determine (in our sole and absolute discretion) that any faulty Furniture has been caused by a manufacturing defect, we will either repair or replace (at our sole option) any such Furniture. 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 Furniture and are not covered by this warranty. Such imperfections include, but are not limited to: color variations, fine cracks, surface cracks, slight wood movement, seasonal shrinkage and expansion 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 Furniture constitutes Urban Wood’s 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 Furniture is 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 Woods 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 Furnitures is kept and its surroundings. You may notice your wood furniture may move slightly and develop small cracks or dips and slight bowing or cupping. This is normal. Reclaimed, solid wood 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 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 Furniture is 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 Woods, 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 Woods’ 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 Woods.
(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 Woods. If a Buyer needs to make a warranty claim on any Furniture covered under Section 2 of these Terms, please send an email to [email protected] and include the Buyer’s name, order number, and a photo of the damage to the Furniture.
THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE FURNITURE, 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 WOODS NOR ANY PERSON ASSOCIATED WITH URBAN WOODS 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 WOODS NOR ANYONE ASSOCIATED WITH URBAN WOODS 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 WOODS 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 WOODS, 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 FURNITURE OR SERVICES OR ITEMS OBTAINED THROUGH URBAN WOODS, 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 WOODS, 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 FURNITURE ORDERED BY BUYER OR ITS AGENT. ANY CLAIM BY BUYER OR ITS AGENT WITH REFERENCE TO ANY FURNITURE SOLD SHALL BE DEEMED WAIVED BY BUYER AND/OR ITS AGENT UNLESS SUBMITTED TO URBAN WOODS, 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 Woods 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.
6. 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.
7. 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 Woods’, 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 Woods will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
8. 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 Woods are owned by Urban Woods, 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:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- If you wish to make any use of material on the Website other than that set out in this Section, please address your request to: [email protected]
- If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Urban Woods. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
9. Submissions to Urban Woods.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 Woods 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 Woods shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
10. Trademarks.Urban Woods’ name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of Urban Woods or its affiliates or licensors. You must not use such marks without the prior written permission of Urban Woods. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
11. 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. 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:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Geographic Restrictions.The owner of the Website is based in the state of California 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.
13. 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California 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 Los Angeles, California 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.
14. Waiver and Severability.No waiver by Urban Woods 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 Woods 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.
15. Force Majeure.Urban Woods shall not be liable for any delays in, inability to complete, or other default in any Order for any reason or cause beyond Urban Woods’ reasonable control, including but not limited to (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Urban Woods 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 Woods, 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 Woods’ performance due, in whole or in part, to any cause beyond Urban Woods’ reasonable control, Urban Woods shall have such additional time for performance as may be reasonably necessary under the circumstances. Buyer’s acceptance of any Furniture shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such Furniture.
16. 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.