Last revised on September 13, 2019
Welcome to Eagle Rock WERKSHOP®.
The Parties. Eagle Rock WERKSHOP® (“Eagle Rock”, “us”, “our” or “we”) owns and operates the website, services, content, technologies and applications located at werkshop.com (collectively, the "Site"). The Site is provided as a service to users (you personally, and, if applicable, any entity for whom you are using the Site; collectively, “you” or “user”).
These Terms apply to all users of this Site and our Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
BY ACCESSING, USING ANY PART OF THIS SITE OR SERVICES AND/OR PURCHASING ANY GOODS OFFERED HEREIN, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY SERVICES.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access this Site and use the Services for your personal, non-commercial use. We reserve the right to monitor the Services for the purpose of determining that your usage complies with these Terms
WERKSHOP is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Goods and provide our Services to you. To use this Site and our Services, you must be, and represent and warrant that you are, at least 18 years of age or older, mentally competent, and able to enter into legally binding contracts. You agree to provide current, complete and accurate purchase and account information for all purchases made through our Site. 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.
- Goods & Services.
Certain goods or services may be available exclusively online through this Site. These goods or services may have limited quantities and are subject to return or exchange only according to our Return Policy
We have made every effort to display as accurately as possible the colors and images of our Goods. We cannot guarantee that your computer monitor's display of any color will be accurate. 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.
All descriptions and pricing of our Goods are subject to change at anytime without notice, at our sole discretion. 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.
- Our Right to Refuse or Limit Service and/or Cancel Orders.
We reserve the right to deny service to anyone at any time for any reason. You may be flagged by our internal system for suspicious activity, including, but not limited to using a proxy web connection or having a history of fraudulent online activity.
We reserve the right to CANCEL and refund any orders that are suspicious and may be fraudulent.
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. 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 we make a change to or cancel an order, we will 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.
We reserve the right to limit the sales of our Goods or Services to any 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.
- Your Personal Information.
- Our Right to Use Content You Submit to Us.
If you send comments or suggestions about the Site, the Services or our Goods to Eagle Rock, including, but not limited to, notes, text, drawings, images, designs or computer programs (collectively, “User Submissions”), such User Submissions shall become, and shall remain, the sole property of Eagle Rock. No such User Submissions shall be subject to any obligation of confidence on our part and we shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such User Submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
- Our Right to Use Content You Post on Our Site.
By sharing, posting or submitting User Content on or to our Site or social media accounts (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise) (collectively, “User Content”), you grant Eagle Rock, and our affiliates, agents and third party contractors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish your User Content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting your User Content.
You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.
You acknowledge and agree that you are solely responsible for all the User Content that you make available through our Site, including, without limitation, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Eagle Rock the required rights to disseminate any User Content; (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or our use of your uploaded User Content (or any portion thereof) on, through or by the means of this Site or our social media accounts, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (3) publish falsehoods or misrepresentations that could damage us or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.
You understand that when you submit content in any form to Eagle Rock, our Site or our social media accounts, we may authorize such content to be distributed or syndicated to or published on other Eagle Rock-branded environments. We have the right to remove or edit any User Content for any reason or no reason at all.
- Our Intellectual Property Policy.
(i) Our Content & Our Rights. Unless otherwise noted, this Site, and all the features and materials contained herein, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, "Our Content"), is owned, controlled and/or licensed by Eagle Rock.
This Site and Our Contents are intended solely for personal, non-commercial use. You may download or copy Our Contents and other downloadable materials displayed on our Site for your personal use only. No right, title or interest in any of Our Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of Our Contents or this Site.
Unless otherwise specified, this Site and Our Content are intended to promote our Goods available in the United States. The content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. We are not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.
(ii) Your Rights - Notice & Procedure for Copyright Infringement Claims. Eagle Rock respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. To report infringement to Eagle
Rock’s designated agent, please send an email to: email@example.com which must include all of the following information:
(i) A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name;
(ii) Identification in sufficient detail of the work allegedly infringed upon;
(iii) Identification of the allegedly infringing material on our Site including the specific URL location of the material so that we can find it;
(iv) The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address;
(v) A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law; and
(vi) A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to us. Fraudulent or abusive notices or other misuse of our Intellectual Property Policy may result in account termination or other legal consequences.
- Prohibited Conduct.
You may not use this Site or the Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on this Site; (b) use the Services or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, the Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or the Site; (g) collect information about users of the Services or the Site; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation; or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or the 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).
Notices & Electronic Communications.
If you wish to transact or communicate with Eagle Rock, you agree to do so by electronic means. You authorize us to send you important notices about the Site or Services and any pending transactions to the email address you provide, if you have purchased Goods or otherwise provided your email address, or, in the alternative, by submitting a notice through the Site and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Site. If you give notice to us, it will be effective when received and you must use the following email address: firstname.lastname@example.org.
- No Liabilities in Connection with Third-Party Content and Services.
This Site may contain information and content provided by third parties. Eagle Rock has no obligation to monitor, does not endorse, and is not liable for any third-party content. In addition, this Site may contain links to third-party websites. We are not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on any such third-party sites.
- This Site, Service & Goods are “As-Is”.
THE SITE AND THE SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. EAGLE ROCK DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EAGLE ROCK MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON THIS SITE. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
- Limitation of Liability.
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL EAGLE ROCK, OR ANY OF OUR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “OUR AFFILIATES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. WEE WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) OR GOODS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE OR GOOD, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
- You Agree to Indemnify Us.
You agree to defend, indemnify and hold harmless Eagle Rock, and Our Affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to Eagle Rock’s use of your User Content; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
- Entire Agreement.
These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and Eagle Rock and govern your use of this Site and the Services, 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).
- California State Law Governs These Terms.
You and Eagle Rock agree that these Terms are governed by the laws of the United States of America and the laws of the State of California. You agree that the laws of the State of California will apply regardless of your residence or the location of where you use the access the Site or Services.
- These Terms are Severable & Not Waived Unless in Writing.
In the event that any provision of these Terms 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 severed from these Terms, and such severance shall not affect the validity and enforceability of any other remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly agreed by us in writing.
- These Terms Shall Survive Termination.
The obligations and liabilities of the Parties incurred prior to the termination date shall survive termination of this agreement, this Site, or the Services for all purposes.
20. International Shipping.
International orders may be liable for customs and import duty, quotas, permits, VAT, product restrictions and other local requirements including UK ROYAL MAIL HANDLING FEE. We are not responsible for penalties/fees imposed by your local government. Be sure to check with your specific countries guidelines if you have any questions/concerns prior to placing your order.
Eagle Rock WERKSHOP®
Last Modified September 13th, 2019.
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