Last Updated: 01/01/2023
Elliot Creek® Patio Furniture (“Elliot Creek,” “we,” “us,” or “our“) welcomes you. We provide our services to you subject to the following Terms of Use, which may be updated from time to time without notice to you. By accessing and using this website (the “Site“) and any services available through the Site, you agree to be bound by these Terms of Use and all terms and conditions incorporated by reference. If you do not agree to all of these Terms of Use, do not access or use this Site or any services on this Site.
These Terms of Use apply to all visitors, users, and others who access the Site (“Users“).
1. Site Usage & Conduct
1.1. You must be at least 18 years old or visiting the Site with adult supervision to use our Site. If you are under 18 and want to make a purchase, get your parent or guardian to assist you.
1.2. You agree to use the Site and services only for lawful purposes and in accordance with these Terms of Use. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the services.
1.3. You agree not to use the Site or services in any manner that might interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner.
1.4. You agree not to use the Site or services to pay for, support or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities.
1.5. You agree not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or services or to extract data.
1.6. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site.
2. Intellectual Property Rights
2.1. The Site and all materials therein are intellectual property owned by Elliot Creek and/or its affiliates or licensors, and are protected by copyright, trademark, and other US and foreign intellectual property laws.
2.2. You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
2.3. Except with our express written permission, you may not sell, license, rent, modify, distribute, copy, reproduce, publicly perform, publicly display, adapt, edit or create derivative works from any materials or content available on the Site.
2.4. Use of any of Elliot Creek’s trademarks, logos, or brand names is strictly prohibited except with written permission of Elliot Creek. You may not remove or alter any copyright, trademark or other proprietary notice contained in the Site.
2.5. If you believe your intellectual property rights have been violated by a User, please contact our copyright agent at [email protected] with the following information:
- Identification of the copyrighted work or other intellectual property claimed to be infringed.
- Your contact information so we may provide a response.
- A statement that you have a good faith belief the material is infringing.
- A statement made under penalty of perjury that the information is accurate.
- Your physical or electronic signature.
2.6. We will remove any infringing content brought to our attention, as required by the Digital Millennium Copyright Act (DMCA). Counter-notice and restoration requests for mistakenly removed content should also be sent to [email protected].
3. Submitted Content
3.1. You affirm that any content you post (including but not limited to written reviews, photos, videos, feedback, etc.) does not violate any laws or third party intellectual property rights like copyright or privacy rights. You grant us and our affiliates a non-exclusive, royalty-free, perpetual, and irrevocable license to use, store, reproduce and display the content in connection with our services.
3.2. You acknowledge we may monitor any content submitted by you and we reserve the right to remove it for any reason, such as if it violates these Terms of Use or is otherwise found inappropriate in our sole discretion.
3.3. You are solely responsible for any content you submit. You will indemnify, defend and hold harmless Elliot Creek for any claims, damages or expenses arising from content you submitted to our Site.
4. Purchases & Payments
4.1. If you wish to purchase products or services as offered on the Site, you may submit your billing and shipping information through our secure checkout process. You must be at least 18 years old to make a purchase.
4.2. We will request certain personal information from you at checkout – like name, address, phone number, email address, and payment information – to process your order and deliver your products/services. Customer information is protected according to our Privacy Policy.
4.3. All descriptions, images, references and pricing of products and services are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only.
4.4. We make all reasonable efforts to accurately display colors and items, but actual colors, fabric and textures may vary slightly from what is shown online.
4.5. By placing an order, you represent that you are at least 18 years old and the legal age of majority where you reside. Any order placed by a minor must be reviewed and submitted by a parent or legal guardian who agrees to these Terms of Use.
4.6. Promotion codes and other offers are limited time only, non-transferable, and may only be used once per customer. We reserve the right to cancel or modify any order even after completed if we believe the pricing, promotion or other offer was made in error or any terms were violated.
4.7. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
4.8. All sales and shipments are final. Unfortunately, Elliot Creek does not accept returns or exchanges unless the item you received is defective or damaged. In such cases, please contact us promptly so we can evaluate the issue and process any refunds or exchanges in a timely manner. Returns and refunds are made pursuant to Elliot Creek’s Return Policy.
4.9. Please review your order immediately upon receipt to ensure accuracy and condition. We must be notified of any errors or issues within 5 days of delivery. Requests made outside of that window will not be eligible for refund or replacement.
4.10. Payments by debit card, credit card, PayPal, Affirm or any other online methods are processed by third party payment processors. We do not directly process or store your account information and are not responsible for any issues arising from providing payment data to these third parties. Please review policies of the applicable payment processor.
4.11. All amounts on the Site are listed and payable in U.S. dollars. Sales tax will be added to orders for products shipped to addresses within any U.S. state that requires and/or authorizes the collection of sales tax.
4.12. Prices and availability are subject to change without notice. Errors will be corrected where discovered and Elliot Creek reserves the right to revoke any discount, special offer or promotion if any terms are violated or errors are found.
4.13. Additional terms and conditions may apply to specific products, services, promotions or purchases. Any such additional terms will be disclosed to you in conjunction with the applicable product, service, promotion or purchase.
5. Termination
5.1. These Terms of Use shall remain effective until terminated by either you or Elliot Creek.
5.2. You may terminate your legal agreement with Elliot Creek by discontinuing your use of the Site at any time.
5.3. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, including for a violation of these Terms of Use.
5.4. Upon termination, all permissions, licenses and indemnities granted by you to Elliot Creek will immediately cease. However, any liabilities accrued prior to termination and any provisions that by their nature extend beyond termination will remain in effect after termination.
6. Disclaimer of Warranties
6.1. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE.
6.2. ELLLIOT CREEK MAKES NO WARRANTY THAT (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE RESULTS OBTAINED FROM THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS IN THE SERVICES OBTAINED FROM THE SITE OR SERVICES WILL BE CORRECTED.
6.3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA RESULTING FROM YOUR ACCESS OR USE OF SUCH CONTENT.
6.4. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
7. Limitation of Liability
7.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ELLLIOT CREEK FOR ACCESS TO AND USE OF THE SITE, IF ANY.
7.3. ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
7.4. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN ELLLIOT CREEK AND YOU.
8. Indemnification
You agree to defend, indemnify and hold harmless Elliot Creek and our parents, subsidiaries, affiliates, officers, directors, agents, partners, shareholders, attorneys, employees and representatives from any claim, demand, or damage, including reasonable attorneys’ fees, arising from or related to your violation of these Terms of Use, your use of the Site or services, your violations of any law or the rights of a third party, or any allegation that any User Content caused damage to a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
9. Governing Law & Jurisdiction
These Terms of Use shall be governed by the laws of the State of North Carolina, without respect to its conflict of law provisions. Any claim or dispute between you and Elliot Creek that arises in whole or in part from the Terms of Use, the Site or any products or services sold through the Site shall be decided exclusively by a court of competent jurisdiction located in Mecklenburg County, North Carolina.
10. Class Action Waiver
You agree that any dispute or claim relating in any way to your access or use of the Site will be arbitrated or litigated individually and you will not consolidate or seek class treatment for any claims.
11. Severability & Non-Waiver
If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Our failure to enforce any term of these Terms of Use shall not be deemed a waiver of such term and such term shall still remain in full force and effect.
12. Third Party Beneficiaries
You agree that any Elliot Creek licensors are third party beneficiaries of these Terms of Use and those licensors will have the right to enforce these Terms directly against you.
13. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
14. Entire Agreement
These Terms of Use and any policies, additional terms or conditions incorporated by reference constitute the entire agreement between you and Elliot Creek and govern your use of the Site, superseding any prior or contemporaneous communications and proposals.
15. Contact Us
If you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: [email protected] or by mail:
Elliot Creek
Legal Department
123 Main Street
Charlotte, NC 28202
These Terms of Use were last updated on January 1st, 2023.