Terms of Service

Terms of Service

Effective date:  August 3, 2020

 

OVERVIEW

This terms of service agreement (“Terms of Service”) is entered into between you and The Sustainability Lab LLC (also referred to herein as “we,” “us,” “our,” or “TSL”) and shall take effect upon your first use of The Sustainability Lab™ store and digital platform website (www.sustainabilitylab.co) or any other website URL that allows you to directly access this document (collectively referred to as the “Website”), including all information, content, tools, functionality and sehippingrvices available from this Website.  This Terms of Service, together with any documents expressly incorporated herein or accessible by hyperlink, including our Privacy Policy, our Shipping Policy, our Returns & Exchanges policies, govern and control your access to and use of this Website.  These Terms of Service apply to all users of the Website, including without limitation users who are visitors, browsers, vendors, customers, merchants, and/ or contributors of content, including users who choose to establish a password protected account for your transactions with us (herein an “Account”). 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you are making a legal contract with us by which you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services we offer through the Website.  If these Terms of Service are considered an offer, then your acceptance is expressly limited to these Terms of Service.

To the extent that new features, functionality or tools are added to the Website, they, and your use of them, also shall be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE TERMS

The Website is operated and presented by TSL from within the United States. TSL makes no representation that materials in the Website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  Our Website is not directed for use by persons under the age of 16, such persons being prohibited from using our Website unless such use is accompanied by a parent or guardian and with respect to our store the parent or guardian is the person making any actual purchase through the Website.

You also agree that you will not purchase through our Website products for the purpose of reselling such products to another.  

You may not use our products for any illegal or unauthorized purpose, nor may you use our services to violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit, distribute or post any spam, unsolicited or unwanted email or bulk electronic communications, viruses, worms, destructive code or any other technologies that may harm the Website or TSL or the interests of or information about the users. 

A breach or violation of any of the provisions of this Terms of Service by you gives us the right to immediately terminate delivery of any services to you.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

All information we collect on this Website is subject to our Privacy Policy. Please read our Privacy Policy as well before using the Website. To the extent permitted by applicable law, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree with the Privacy Policy, please do not use the Website.

You understand that your content (not including credit card or other payment information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and other payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services, or access to the services or any contact on the Website through which the services are provided, without prior express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on this Website is at your own risk.

We make reasonable efforts to publish information that is accurate based on information available at the time of publication.  We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

 

SECTION 4 – USE OF MATERIALS & TRADEMARKS

Our Website and its content, including images, illustrations, articles, and postings, are the property of TSL. The Website and its content are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by TSL, or used with the permission of the copyright owners, and by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, upload, post, or distribute in any way any content from the Website without our prior written approval, except that you may post on social media content from our Website provided that attribution to TSL or our Website is included with the social media posting. You may not use any data mining, robots, or other data gathering methods. Unless expressly permitted, nothing in these Terms of Service shall be interpreted as granting a license of intellectual property rights to you, the user. 

Any use of the materials on the Website in a manner contrary to the above stated manner constitutes a breach of these Terms of Service and may subject you to claims for, among other things, intellectual property infringement. TSL may take necessary legal action to enforce its intellectual property rights.

THE SUSTAINABILITY LAB and its related names and logos are trademarks owned by TSL. Other trademarks not specifically listed here, but which are associated with TSL or used on the Website, may also be protected by law. Unauthorized use of these trademarks is strictly prohibited.

SECTION 5 - PRODUCTS AND/OR SERVICES (as applicable)

Certain products or services may be available for sale online through the Website, and in some cases the offerings may be exclusive.  Prices for our products and services are subject to change without notice.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service offered.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.  

All orders placed through the Website are subject to TSL’s acceptance and to our Returns & Exchanges Policy. The products or services also may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy.  We reserve the right, but are not obligated, to refuse your order and/or limit the sales of our products or services to any person, geographic region or jurisdiction without notice at any time. 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. If you have been charged for an order that is later cancelled in whole or in party, TSL will issue you a refund to the extent that the order has been cancelled, consistent with our Returns & Exchanges Policy.

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 services will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer Account, the same credit card or other method of payment, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, text, 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. If you establish an Account, you agree to provide accurate information about you as requested by us to open the Account, and you agree to promptly update your Account and any other information, including your email address and credit card numbers or other payment information, and expiration dates, so that we can complete your requested transactions and contact you as needed.

For information on refunds, returns, and exchanges, please review our Returns & Exchanges Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools to you “as is” and “as available,” and in our doing so we disclaim, do not offer, and reject any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our services may include materials from third-parties. 

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. Linking to another site is not meant to signify endorsement or approval by TSL of the third party site and its content, particularly content that is not on the linked landing page. Such third party links are provided for the convenience of the user. You, the user, access third party sites and content at your own risk.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant or make any representations and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties whose icons, products, services, or hyperlinks appear on the Website.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us, whether or not requested by us, certain specific submissions (for example contest entries) or more generally any creative ideas, suggestions, proposals, articles for publication, plans, or other materials, whether online, by email, by text, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or any use we may make or act we may take in response to receiving such comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content or comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, trade secret, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

The Website may include content provided by third parties, including information provided by other users. Statements and opinions expressed in such content, and all responses to questions and other content, other than content provided by TSL, are solely the opinions and responsibility of the person providing them. Such content does not necessarily reflect the opinion of TSL and should not be interpreted as being adopted or endorsed by TSL.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy which can be viewed here.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on any Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the services or on any Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or on any Website, should be taken to indicate that all information in the services or on any Website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or our services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or our services, other websites, or the Internet. We reserve the right to terminate your use of the Website and our services for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR OUR SERVICES WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND OUR SERVICES FROM ACCESS BY YOU FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE AND OUR SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL TSL, OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS, BRANDS, CONTRACTORS, CONTRIBUTORS, INTERNS, SUPPLIERS/MANUFACTURERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE WEBSITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TSL and our parent, subsidiaries, affiliates, brands, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website or services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or services or your Account (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision for the same or similar conduct.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the services offered on the Website constitutes the entire agreement and understanding between you and us and govern your use of our Website and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law principles.  You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Website shall be an appropriate federal or state court having jurisdiction over Bergen County New Jersey.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE AND NOTICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check our Website and this page periodically for changes. Your continued use of or access to our Website and our services offered following the posting of any updates/changes to these Terms of Service constitutes acceptance of those changes.

“Notice” and “notify” as used in this Terms of Service, means that we will communicate with you electronically, either via email or text message, or through a pop up window on the Website, providing you with the information of which we are giving you notice.  For example, we may provide notice via a pop up window on the Website that an amended version of these Terms of Service exists on the Website, or by providing you with an email or text communication (note that data and message rates may apply) notifying you of the amended Terms of Service and making a copy available to you electronically.

SECTION 20 - CONTACT INFORMATION

You may contact us, and any questions about the Terms of Service should be sent to us, at:

EMAIL:

Privacy@sustainabilitylab.co. (put “Terms of Service” in the subject matter line)

 

MAIL ADDRESS:

Attention: Terms of Service

The Sustainability Lab LLC

48 Bi-State Plaza

Old Tappan, NJ 07675

 

PHONE: 201-690-7454

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