Terms of Use

 Last Revised November 6, 2021

1. INTRODUCTION 

Welcome to the Assembled Shop, Inc. (“Assembled,” “Company,” “we,” or “us”) website (the “Site”). These Terms and Conditions (“Terms of Use”) apply to your access to and use of the Site, regardless of domain name or IP address and the features and applications, products and services accessible through the Site (collectively the “Services”). These Terms of Use are in addition to the terms and conditions of any other agreement you may have with Assembled for products, services or otherwise, including, without limitation, the terms and conditions of Assembled’s Privacy Policy, as it may be amended from time to time.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH ASSEMBLED, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. BY YOUR ACCESS OR USE OF THE SITE OR SERVICES YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.

 

 2. MODIFICATIONS TO TERMS OF USE

Assembled may change, modify or remove any provision of this Terms of Use, at any time and in its sole discretion. If Assembled changes or modifies these Terms of Use, it will post the changes on the then current version of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of the Terms of Use as so changed or modified. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Site and the Services.

 

 3. PRIVACY POLICY

 Please refer to the Assembled Privacy Policy for information on how Assembled collects, uses and discloses the information collected on the Site.

 

 4. COPYRIGHT AND LIMITED LICENSE

Except as provided in these Terms of Use or as otherwise indicated on the Site, the Site, the Services and all content and other materials on the Site, including without limitation, all designs, text, graphics, creative, images, information, data, software, routines, documentation, technology, and digital files, as well as the selection and arrangement thereof (collectively, the “Site Materials”) are the intellectual and proprietary property of Assembled or its licensors or users and are protected by U.S. and international copyright, trademark, trade secret and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site and the Services for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and any other applicable terms and conditions. Except as explicitly permitted under these Terms of Use or agreed to by Assembled, no portion or element of the Site or Site Materials may be copied or retransmitted via any means and the Site, the Site Materials and all related rights shall remain the exclusive property of Assembled or its licensors. You may not remove any copyright, trademark or other proprietary notices from any Site Materials.

 

Any use or attempted use of the Site, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of Assembled or its licensors or users, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in Assembled’s sole discretion.

 

 5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the Site, we may act as a “services provider” (as defined by the DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is assembledteam@gmail.com.

 

 6. TRADEMARKS

All logos and any other product or service name or slogan contained on the Site are trademarks of Assembled or its manufacturers, distributors, advertisers, suppliers, customers, clients, vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Assembled or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of Assembled and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, distributor, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Assembled.

 

 7. HYPERLINKS

Assembled makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Assembled and Assembled is not responsible for the contents of any linked site or any link contained in a linked site, for any review of such sites, for the products or services available on or through such sites, or for changes or updates to such sites. Assembled provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Assembled of any site, the products or services available on or through any site, or any information contained therein. When you leave the Site, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Site will be subject to that site's terms of use, if any, and its privacy and data gathering and usage policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering and usage practices, of any site to which you navigate from the Site.

 

 8. THIRD PARTY CONTENT AND APPLICATIONS

In addition to the Site Materials, our Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as product managers, employees, customers, experts or members of the public. The views expressed in such Third Party Content are those of the creators thereof and are not, and should not be construed as, the views of Assembled. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). Assembled does not monitor Third Party Content or Third Party Applications and makes no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. Assembled is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is. ” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third Party Applications, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of Third Party Content and Third Party Applications is at your own risk.

 

 9. THIRD PARTY PRODUCTS, SERVICES AND ANNOUNCEMENTS

Assembled provides on the Site information about and/or links to third party products and services, and supports and enables the retail purchase of third party products and services in addition to its own (collectively, “Merchandise”) on the Site. Your personal or commercial relationship with such third parties, your use of the Merchandise of such third parties, and any terms, conditions, warranties or representations associated with such relationship, Merchandise, or use are solely between you and such third party. Assembled is not responsible or liable for any loss, damage or injury of any sort incurred as the result of any such relationship, Merchandise or use, nor as the result of the presence of such third-party advertisers, information, or Merchandise on the Site.

 

 10. MERCHANDISE INFORMATION AND AVAILABILITY

The products sold by Assembled are NOT TOYS and are not intended for use by children.

Assembled does not guarantee the Merchandise that is displayed on the Site is available in its then current warehouse inventory; however, the Site will typically indicate that a product is not in stock and provide a link where you may sign up for notification when the product is available again. You can always confirm the current availability of Merchandise by contacting Assembled’s Customer Care team at assembledteam@gmail.com. We will send a shipping confirmation e-mail to the e-mail address you include on your order form once your Merchandise has shipped.

 

 11. PRICING AND OTHER ERRORS

Merchandise pricing on the Site is stated in U.S. dollars, unless otherwise indicated, net of applicable taxes and shipping charges, if any. Assembled takes commercially reasonable steps to post current, accurate prices for the Merchandise. However, notwithstanding such steps, pricing errors may still occur. If an item's price is displayed incorrectly, we will cancel your order for that item and alert you of the order cancellation. In addition, Assembled undertakes commercially reasonable steps to display true and accurate images, including colors, of the Merchandise on the Site. Actual images and colors that render on your computer or device depend on a number of factors, including the capabilities and settings of your monitor or device, and may therefore not be accurate. Accordingly, Assembled does not guarantee the accuracy of the Merchandise images on the Site.

 

 12. USER CONTENT AND CONDUCT

The Site or the Services may include public or restricted access product reviews, discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards or other areas or services in which you or other users create, post or store messages, information, text, music or sound files, still or video images, graphics, data, code or any other digital content of any kind on the Site ("User Content"). Interactive Areas are provided "as is" and your use of the Interactive Areas is at your own risk.

If you post User Content, you acknowledge and agree that your User Content will be accessible and viewed by others. You agree not to post, upload, transmit, distribute, store, create or otherwise publish on or through the Site any of the following: 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute, reproduce and license such User Content in the manner and for the purposes contemplated by these Terms of Use;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking from the Site, or collecting user data for any purpose whatsoever;
  • Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, bots, Trojan horses, malware, worms, corrupted data or other harmful, disruptive or destructive files of any kind or nature;
  • Encrypted content or content that can be demonstrated to contain encoded messages;
  • Content in any language other than English if an accurate, reliable translation cannot be reasonably acquired;
  • Multimedia content of any kind, such as photo, audio and/or video files, except when invited by the Site to do so; and
  • User Content that, in the sole judgment of Assembled, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Assembled or its users to any harm or liability of any type.

This foregoing is a non-exclusive and incomplete list of examples of prohibited acts and practices, and Assembled will at all times have sole discretion to interpret and determine conduct, including User Content, that violates these Terms of Use.

Assembled is not responsible, and assumes no liability, for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is Assembled liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. As a provider of interactive services, Assembled is not responsible or liable for any statements, representations or User Content provided by its users in any public forum or other Interactive Area. Accordingly, Assembled has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, Assembled reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Site at any time with or without cause, for any reason or no reason and without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, the Site and/or the Services.

 

 13. REPRESENTATIONS; USER DATA; SECURITY

In consideration of your use of any of the Site and the Services, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Site and Services, you agree to:

  • provide accurate, current and complete information about you as may be prompted by any Merchandise order form or other forms on the Site ("User Data");
  • maintain and be solely responsible for the security of your User Data; and
  • accept all risks of unauthorized access to or use of your User Data and any other information you provide to Assembled.

 

14. SUBMISSIONS RELATING TO SITE OR SERVICES

You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Site, the Services, Merchandise or Assembled, provided or submitted by you for any reason, including by way of example, in response to an invitation or request to participate in surveys or other forums hosted by or for Assembled or any third party manufacturer, distributor or vendor, on the Site or related to the Site, in whatever form, or any other submissions to Assembled by or through any means, including email or any postings on the Site, are non-confidential and shall be the sole property of Assembled, and that upon submission of such materials to Assembled you thereby assign without additional consideration all right, title and interest you may hold in such materials to Assembled. Assembled shall own exclusive rights, including all intellectual property rights, in such materials and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to or review by you.

 

 15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Assembled, its affiliated entities, clients, customers, independent contractors, service providers and consultants, and their respective directors, employees, shareholders, members and agents (together, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site, the Services, the Site Materials, the Merchandise and any User Content you post, store or otherwise transmit on or through the Site, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, or any of them, arising out of or relating to the User Content, your conduct, your use of the Merchandise, your violation of these Terms of Use or the Assembled Privacy Policy, as each may be amended from time to time, or your violation of any laws, regulations or third party rights.

 

16. DISCLAIMER 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ASSEMBLED, THE SITE, THE SITE MATERIALS, THE SERVICES, AND ALL MERCHANDISE AND/OR CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY ASSEMBLED OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY WARRANTIES IN RESPECT TO MERCHANDISE ARE LIMITED SOLELY TO THOSE WARRANTIES PROVIDED OR EXTENDED BY THE MANUFACTURER THEREOF. ASSEMBLED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE MERCHANDISE, INFORMATION, CONTENT AND SITE MATERIALS ON THE SITE. ASSEMBLED DOES NOT REPRESENT OR WARRANT THAT THE MERCHANDISE, CONTENT AND SITE MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- OR DEFECT-FREE. ASSEMBLED DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSEMBLED IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PROGRAMS, TEXT OR IMAGERY. WHILE ASSEMBLED ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, ASSEMBLED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

17. LIMITATION OF LIABILITY

IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, INJURY TO PERSON OR PROPERTY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY MERCHANDISE, OR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE INTERACTIVE AREAS, OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ASSEMBLED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS OR INTERNET FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ASSEMBLED’S RECORDS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ASSEMBLED, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE MERCHANDISE PURCHASE PRICE OR ANY COMPENSATION YOU PAY, IF ANY, TO ASSEMBLED FOR THE PURCHASE OF MERCHANDISE ON OR THROUGH, OR ACCESS TO OR USE OF, THE SITE.

 

18. APPLICABLE LAW AND VENUE

These Terms of Use and your use of the Site and the Services, including without limitation, your purchase and/or use of any item of Merchandise, shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law, contract or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Durham County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use, including your purchase and /or use of any item of Merchandise.

 

19. TERMINATION

Notwithstanding any provision of these Terms of Use, Assembled reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, the Services, the Site Materials or any portion of any of the foregoing, and to block or prevent your future access to and use of the Site or any of the Services or Site Materials.

 

 20. SEVERABILITY

 If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

21. QUESTIONS & CONTACT INFORMATION 

Questions or comments about the Site may be directed to Assembled customer care.