IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
Modifications to this Agreement
Pieces of There, Inc.™ reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
USE OF OUR SERVICE
Termination of Use
Pieces of There, Inc.™ shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at info@PiecesofThere.com. The Service is not available to any Users previously removed from the Service by PiecesofThere. Pieces of There reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Online Orders/Product Descriptions and Prices
The products that are displayed on the Site are being offered for sale pursuant to an agreement between the manufacturer and Pieces of There. Pieces of There does not warrant that product descriptions, prices or other Content included on this Site or any link to this Site is accurate, complete, reliable, current or error-free. If a product offered on this Site is not as described, you may contact Pieces of There about the product. Please note that Pieces of There and its manufactures will do everything possible to ship packages with products as described, but individual products may vary due to availability and season. When this occurs, products will be exchanged for similar products of similar value.
All prices and costs listed on this Site are subject to change without notice.
Pieces of There reserves the right to cancel and refund any order for any reason at any time.
Your satisfaction is extremely important to us. We select products and manufacturers who have that same belief. We support our manufacturers and are confident that you will find each of their items to be of the highest quality. If a manufacturer issues a recall due to a quality issue, we will accept your return. However, we are not liable to accept returns on products if no recall has been issued by the manufacturer. This is to ensure that the products we sell remain safe and tamper proof. If a package is refused upon delivery, we will reimburse you for the order, minus the cost of shipping, after the package has been returned and received in good standing. If the products have been damaged in anyway we will not be liable to reimburse you.
If your product is late to delivery due to carrier issues, please use your provided tracking number and contact the carrier directly. We can not be held responsibly for late deliveries due to carrier (USPS, Fedex, UPS) faults or weather.
If you believe that your order constitutes a return, please contact us within 24 hours of receiving and order that you purchased on www.PiecesofThere.com. Please include a detailed description of the problem, the name the order was placed under, order number, and phone number or email. We will promptly respond to your request Monday - Friday 9am-5pm PST. We will investigate the situation and if we are in fault, in anyway, we will try out best to process a refund or reship a new matching order to you. In certain situations, to obtain a refund, we might require that you ship the unwanted products back to Pieces of There or our manufacturers before we refund you fully or reship a new matching order to you.
If you place an order to be shipped to Hawaii or Alaska we reserve the right to cancel your order and provide you with a full refund. This is due to shipping rate complications.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Pieces of There, INC..
Limitation of Liability
In no event shall Pieces of There, INC. or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.
Pieces of There, INC. can not be held liable for any damage inflicted by consumer consumable products bought over www.PiecesofThere.com. Pieces of There, INC. may purchase consumable products from suppliers, handle, and ship to the end consumer. At no point with Pieces of There, INC. contaminate any consumable product that it resells on www.PiecesofThere.com. Customers who purchase consumable products on www.PiecesofThere.com do so at their own risk.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
PiecesofThere cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Date of Last Update.
This agreement was last updated on November 22, 2012.
All content included in or made available through any PiecesofThere Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of PiecesofThere or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PiecesofThere Service is the exclusive property of PiecesofThere and protected by U.S. and international copyright laws.
PiecesofThere respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You must create an account at PiecesofThere in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PiecesofThere immediately of any breach of security or unauthorized use of your account. PiecesofThere will not be liable for any losses caused by any unauthorized use of your account.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to PiecesofThere, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other PiecesofThere Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PiecesofThere shall have no liability for your interactions with other Users, or for any User's action or inaction.
RISK OF LOSS
All items purchased from PiecesofThere are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS and REFUNDS
PiecesofThere does not pay for damaged items unless returned to us. In that event, once we receive the damaged return item we will reimburses all funds associated with the specific order of said item. For more information about our returns and refunds, please email info@PiecesofThere.com.
PiecesofThere attempts to be as accurate as possible. However, PiecesofThere does not warrant that product descriptions or other content of any PiecesofThere Service is accurate, complete, reliable, current, or error-free. If a product offered by PiecesofThere itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any PiecesofThere Service represents the full retail price listed on the product itself. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by PiecesofThere, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PiecesofThere is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
When you purchase a product on Pieces of There you agree to the pricing and payment terms for such paid features that we will provide to you and that we may update them from time to time. PiecesofThere may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you. If you do not wish to pay the new or modified fees or charges, your sole remedy shall be to terminate your access to the applicable services.
If you purchase an item from our site your purchase will be processed and delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.
PAYMENT INFORMATION: TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of the USA, without regard to the conflicts of laws provisions therein.
Any dispute or claim relating in any way to your use of any PiecesofThere Service, or to any products or services sold or distributed by PiecesofThere or through PiecesofThere.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PiecesofThere will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of PiecesofThere Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR CONTACT INFO
END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. PiecesofThere reserves all rights not expressly granted herein in the Service and the PiecesofThere Content (as defined below). PiecesofThere may terminate this license at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "PiecesofThere Content"), and all Intellectual Property Rights related thereto, are the exclusive property of PiecesofThere and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the PiecesofThere Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PiecesofThere under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PiecesofThere does not waive any rights to use similar or related ideas previously known to PiecesofThere, or developed by its employees, or obtained from sources other than you.
PIECESOFTHERE FREE SHIPPING OF
Every purchase is subject to shipping and the consumer is responsible for paying the shipping fees that include but are not limited: packaging, shipping, delivery, and handling fee. The price of shipping will be made known at point of sale to the consumer and the price must be paid by the consumer during the purchase transaction of each order.
FREE SHIPPING OFFERS
From time to time PiecesofThere may offer free shipping promotions to its members. PiecesofThere Free Shipping Offers are valid on standard shipping only. PiecesofThere free shipping offers may not be used for international shipping nor for shipment of "non-standard" items. Additional terms and limitations may apply at the time of offer.
You agree to defend, indemnify and hold harmless PiecesofThere and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PIECESOFTHERE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
PIECESOFTHERE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIECESOFTHERE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PIECESOFTHERE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIECESOFTHERE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL PIECESOFTHERE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIECESOFTHERE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIECESOFTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. PiecesofThere makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PiecesofThere without restriction.
You agree that the Service shall be deemed solely based in the State of Washington. This Agreement shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and PiecesofThere hereby expressly consent to the exclusive personal jurisdiction of the courts of Washington.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Washington, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PIECESOFTHERE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief. NOTIFICATION PROCEDURES
ENTIRE AGREEMENT / SEVERIBILITY
This Agreement, together with any amendments and any additional agreements you may enter into with PiecesofThere in connection with the Service, shall constitute the entire agreement between you and PiecesofThere concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PiecesofThere's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions regarding this Agreement, you can contact us at: