Legal

 

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Website.  By accessing or using the Website, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  You may not access or use the Website or accept the Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of these Terms, do not access and/or use the Website.

 

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

SECTION 1 – Access to the Website

Subject to these Terms, Cartwright grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive Website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms.  All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

Cartwright reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you.  You agree that Cartwright will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

You acknowledge and agree that Cartwright will have no obligation to provide you with any support or maintenance in connection with the Website.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Cartwright or Cartwright’s suppliers.  Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Cartwright and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

If you provide Cartwright with any feedback or suggestions regarding the Website(“Feedback”), you hereby assign to Cartwright all rights in such Feedback and agree that Cartwright shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Cartwright will treat any Feedback you provide to Cartwright as non-confidential and non-proprietary.  You agree that you will not submit to Cartwright any information or ideas that you consider to be confidential or proprietary.

Cartwright’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;

You will not upload, post, e-mail, transmit, or otherwise make available any content that:infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

You will not “stalk,” threaten, or otherwise harass another person;

You will not access or use the Website to collect any market research for a competing business;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;

You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Community Guidelines.

SECTION 2 – Fees And Payment

The price for Products available for purchase through the Website will be displayed to you on the Website. Prices for our products are subject to change without notice.The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, or insurance. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

As consideration for any purchase you make on the Website, you shall pay Cartwright all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the check-out process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. 

Our policies regarding shipping, returns, and international orders can be found on the Website and are hereby incorporated by reference.

SECTION 3 – Products and Services

Our products or services are available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

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.

We reserve the right, at our sole discretion, to cancel or 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, or by geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 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.

SECTION 4 – Promotional offers

The applicable promotional code will be automatically applied to qualified orders at checkout. Offers are for a limited time only, unless otherwise terminated by Cartwright.

Exclusions: Cartwright’s bundled collections, monogrammed and personalized products, and branded merchandise are not eligible for promotions or discounts, including codes and coupons. Unless otherwise provided, any promotional offer made on cartwrightbag.com is subject to the following restrictions: Limit one per customer. Offer only valid on specific items listed. To redeem offer, please enter the provided code at checkout. Offer is valid for a limited time only and may be terminated by Cartwright at any time. Offer is limited to stock on hand; no rain checks are available. Offer is not valid on prior purchases, gift cards, gift certificates, taxes, or shipping and processing charges. Customer must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, coupon, and/or offer. Promotions have no cash value. Offers cannot be sold or otherwise bartered. Void where prohibited, taxed, or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. Cartwright has the right to end or modify any promotion at any time. Other restrictions may apply. Valid in the U.S. only.

SECTION 5 – Linking to websites and social media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

As provided herein, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Cartwright, the Website, or the Products.

This Website may provide certain social media features that enable you to: (a)   Link from your own or certain third-party Websites to certain content on this Website.(b)   Send e-mails or other communications with certain content, or links to certain content, on this Website.(c)   Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:(a)   Establish a link from any Website that is not owned by you.(b)   Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Website.(c)   Link to any part of the Website other than the homepage.(d)   Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

SECTION 6 – third-party links, applications, Ads & other users

The Website may contain links to third-party Websites, products, and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”).  Such Third-Party Links, Applications & Ads are not under the control of Cartwright, and Cartwright is not responsible for any Third-Party Links, Applications & Ads.  Cartwright provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads.  You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or through any social media accounts associated with you or Cartwright including, without limitation, our Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (“Social Media Accounts”) .

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:(a)   You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.(b)  All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Cartwright, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.

We have the right, but not the obligations, to:(a)   Remove or refuse to post any User Contributions for any or no reason in our sole discretion.(b)  Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Social Media Accounts, or the public or could create liability for or diminish the reputation of Cartwright.(c)   Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.(d)  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Social Media Accounts.(e)   Terminate or suspend your access to all or part of the Website or Social Media Accounts for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Social Media Accounts. YOU WAIVE AND HOLD HARMLESS CARTWRIGHT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website or the Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards apply to any and all User Contributions and use of Interactive Services (the “Content Standards”), wherein User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.(c) Be accurate and truthful at the time of posting and not made with the purpose of intentionally harming Cartwright, the Website, Products, or any other user.(d) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.(e) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.(f) Be likely to deceive any person.(g) Promote any illegal activity, or advocate, promote or assist any unlawful act.(h) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.(i) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.(j) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.(k) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cartwright, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cartwright. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SECTION 7 – Intellectual Property

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Cartwright (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate patent, copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, slogans, and logos of Cartwright (the “Cartwright Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Cartwright. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cartwright Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cartwright Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

SECTION 8 – Digital Millennium Copyright Act

Cartwright respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Cartwright, Inc.
219 Main Street, #885
Chatham, NJ 07928

Attention: Copyright Agent
privacy@cartwrightbag.com

SECTION 9 – Release

You hereby release and forever discharge Cartwright (and our officers, employees, agents, successors, attorneys, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Third-Party Links, Applications & Ads).  If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

SECTION  10– Disclaimer of warranties; limitation of liability 

THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND CARTWRIGHT (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Some jurisdictions do not allow the disclaimer of warranties or conditions, so such disclaimers may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARTWRIGHT (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF CARTWRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so such limitation may not apply to you. 

SECTION  11– Indemnification

You agree to indemnify and hold Cartwright (and its officers, employees, attorneys, and agents) harmless, including costs and attorneys’ fees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms of Use or the documents they incorporate by reference; or (c) your violation of applicable laws or regulations.  Cartwright reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Cartwright.  Cartwright will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

SECTION 12– Dispute resolution General; GOVERNING LAW; FORUM

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Cartwright and our employees, agents, successors, attorneys, or assigns, regarding or relating to the Website or these Terms shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located inMorris County, New Jersey. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Morris County, New Jersey in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Morris County, New Jersey for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (1) and (2) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Morris County, New Jersey.

Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms, any such termination shall not be effective until 30 days after the version of these Terms not containing the agreement to arbitrate is posted to the Website, and shall not be effective as to any claim of which you provided Cartwright with written notice prior to the date of termination.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA Website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS Website at http://www.jamsadr.com.

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Cartwright and our employees, agents, successors, attorneys, or assigns, regarding or relating to these Terms or the Website shall exclusively be governed by the internal laws of the State of New Jersey, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SECTION 13 – Term and termination

Subject to this Section, these Terms will remain in full force and effect while you use the Website.  We may suspend or terminate your rights to use the Website without notice at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our products or services, or when you cease using our Website. Upon termination of your rights under these Terms, your right to access and use the Website will terminate immediately. Even after your rights under these Terms are terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 14 – Changes to terms of use

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

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

SECTION 15 – Severability

In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – General

These Terms constitute the entire agreement between you and us regarding the use of the Website, 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 of Use). Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. 

Your relationship to Cartwright is that of an independent contractor, and neither party is an agent or partner of the other. 

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cartwright’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Cartwright may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Compliance with Applicable Laws.  The Website is based in the state of New Jersey in the United States. We make no claims that the Website or any of its content may be downloaded, viewed, or be appropriate for use outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Cartwright, or any products utilizing such data, in violation of the United States export laws or regulations.

The communications between you and Cartwright use electronic means, whether you use the Website or send us emails, or whether Cartwright posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cartwright in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cartwright provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Section 16 - Contact information

Cartwright, Inc

219 Main St, #885

Chatham, NJ 07928

Questions about the Terms of Use should be sent to us at support@cartwrightbag.com.

Policy Effective: October 28, 2019

Last Updated: October 28, 2019

We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how Cartwright,Inc. a Delaware Limited Liability Company (“Cartwright”, the “Company” or “we” or “us”) will collect, process, store and/or use information (the “Information”), including personally identifiable information, you submit, or we collect from you through the Company’s websites, social media channels, and offline activities such as phone calls and emails (the “Information”). The internet address for the the Company’s websites are located at https://cartwrightbag.com, and associated subdomains (the “Website”).

This Policy is governed by United States law. Please read it carefully. By using the Site, you are accepting the practices described in this Policy and accept its terms. You also give your express permission for us to collect, process, store, and use Information in accordance with this Policy.

The Company reserves the right to modify or amend this Policy at any time, but should it be necessary to do so, will notify you of any material changes to this Policy by posting such changes at the Website or by other acceptable means. All amended terms will automatically take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice. Each version of the Policy is identified at the top of the page by its effective date. Your continued use of the Website after changes have been posted constitutes your acceptance of the Policy as amended. If you do not agree to the changes, please do not use the Website.

Information That You Provide To Us. You may provide us with following Information: name, address (shipping and/or billing), email address, telephone number, mobile telephone number, credit card number, user password, and optional information during customer surveys and offers (including gender, age, race, marital status, and number of children). The Information referenced in this paragraph that is provided by you is referred to as “Provided Information.”

Responsibility for Information Provided. You are responsible for the content of the Provided Information and you must ensure it is legal, honest, truthful, accurate and not misleading in any way. You must ensure that the Provided Information provided by you does not infringe on any rights of any third party (including, without limitation, rights of confidentiality), or is otherwise legally actionable by such third party.

No Obligation. Use of the Website is entirely voluntary. Submission of Provided Information does not establish any obligation not listed in this Policy.

Cookies & Other Technologies. A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.

Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third-party cookies.”

The Website uses cookies that are set by us or our third-party services. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. However, some features or services of the Website may not function properly without enabling cookies. We may also use additional technologies to help track user activities and preferences.

The following Information may automatically be received and/or collected from you through the Site: IP address, browser type, browser language, internet service provider (ISP), resource requested, date and time of resource request, and HTTP referring resource (if provided by the browser), operating system, and/or clickstream data. We aggregate this data and may combine this data with other information we collect about you to better understand how visitors use our website, improving user experience, and to help manage, maintain, and report on use of our website. We also store IP addresses for fraud detection and prevention purposes.

Behavioral Advertising / Re-Targeting. We partner with third-parties to display advertising on our Website and manage our advertising on other websites. Our third-party partners may use technologies such as cookies to gather information about your activities on our Website and other sites in order to provide you advertising based upon your browsing activities and interests.

Social Media. The Website include social media features and links, and may use social media application programming interfaces (“APIs”) for log-in. The social networking site may collect certain information about you. Please see the privacy policy for the applicable social networking website to learn more about how these social networking sites share your personal information, which practices may differ from ours.

More Information. You may learn more about cookies and how to opt out of them by visiting the following third-party websites:

Allaboutcookies.org: http://www.allaboutcookies.org/

Direct Marketing Association: http://www.aboutads.info/choices/

Network Advertising Initiative: http://www.networkadvertising.org/choices/

The Website does not alter their practices when it receives Do-Not-Track (“DNT”) signals. At this time, we do not track user personal information over time and across third-party websites. Third parties that have services on our Website may obtain information about your browsing or usage habits, in accordance with their respective privacy policies. To find out more about DNT, you may wish to visit the following third-party website www.allaboutdnt.com. 

We use Information to provide you with a superior experience and, as necessary, to administer our Company. We use your Information in the following ways:

• a. Provide you with functionality of the Website;

 

• b. Administer and manage the Company;

 

• c. Provide client service and/or marketing products or services;

 

• d. Conduct research and perform analysis to measure, maintain, protect, develop, and improve our products or services;

 

• e. Administer, enhance, and communicate with you regarding the Company’s events, marketing, and advertising; and/or

 

• f. Make communications necessary to notify you regarding order confirmations, products, services, market research, requests, marketing, security, privacy, and administrative issues.

 

We retain Information as long as needed and in accordance with any applicable laws. We will retain and use Information as necessary as long as your account is active, it was reasonably useful for commercial purposes, and/or to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you would like to review, delete, or request changes to any of your Provided Information that is collected through the Website, please contact us at the postal address listed at the end of this Policy, or at the following email address: privacy@cartwrightbag.com.

We may share Information as follows or as otherwise described in this Policy:

• a. With suppliers, business partners, vendors, consultants and other service providers, subsidiaries, and affiliates who need access to such information to carry out work on our behalf relating to the Site: website operation/hosting or information technology consulting services; website management; data analysis; fraud protection; product customization; customer service, marketing and promotions; data cleansing (if applicable); legal services; and other administrative and back-up and security services. These third parties do not have the right to use Information we provide them in any way that is not authorized by us or otherwise disclosed in their privacy policies.

 

• b. In response to a request for information if disclosure is required in accordance with any applicable law, regulation or legal process, or is otherwise required or permitted by any applicable law, rule or regulation.

 

• c. To comply with any legal obligation.

 

• d. To protect the rights, property, or safety of the Company and others, and/or investigate fraud.

 

• e. In connection with any merger, restructuring, reorganization, sale of the Company, assets, financing, or acquisition of all or a portion of our Company to another company, Information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice to you at your email address on file before Information is finally transferred and becomes subject to a different privacy policy. Such a transaction may involve us (i) retaining the right to continue to use transferred Information in addition to the right of the transferee to use such Information, and (ii) engaging in additional transfers of Information (including new Information) with the transferee from time to time following such a transaction.

 

• f. With others with your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.

 

All Information, except email, credit card information, and social media log-in is stored on databases and/or servers that are operated by e-commerce vendor Shopify. For Information stored with Shopify, Cartwright does not know the specific U.S. states or countries in which Information is stored. Shopify’s Privacy Policy, which discloses its data practices regarding information collected from merchants and their customers, may be accessed here.

Email information is stored on databases and/or servers that are operated by vendor Klaviyo. Klaviyo’s Privacy Policy may be accessedhere.

Credit card information is not stored by Cartwright but processed and stored by our payment processors.

Social media log-in information is not stored by Cartwright. It may be stored by the specific social media site for which it is intended.

Under California Civil Code Section 1798.83, you have the right to ask us not to use disclose your Information to third parties for the third parties’ direct marketing purposes (that is, “opt-out”). If you wish to opt-out of sharing your Information with third parties for direct marketing purposes, please send an email to privacy@cartwrightbag.com with “Opt-Out” in the subject line. California residents may request further information about our approach to this law by writing to us at the address listed below and requesting further information.

The Website is intended for use within the United States and is not intended to be used in any other territory. The Website may function in countries other than the United States. If you use the Website from outside the United States, you explicitly accept that your Information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws of other countries. You are responsible for compliance with the laws of the jurisdiction in which you choose to use the Website.

You agree not to use the Website in any way that is in violation of the law of any country or jurisdiction. You further agree not to use the Website from a territory that is embargoed by the United States or from which it is illegal to receive products or services from the United States. You further agree to ensure that the Website will not be accessed or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

The Company takes appropriate security measures to secure Information. For example, access to databases are password protected and restricted to technical users with authorized credentials and personnel on a need-to-know basis. Note that the transmission of information via the internet is not completely secure. Although we will do our best to protect Information, we cannot guarantee the security of Information transmitted through the Website.

The Website is marketed for, and directed to, purchase by adults or with the consent of adults. Individuals under the age of 18 are not permitted to use the Website without the supervision of a parent or legal guardian.

We do not knowingly collect or solicit Information from anyone who we know to be under the age of 13, or knowingly allow such persons to use the Website. Should we learn that someone under the age of 13 has provided Information through the Website, we will remove that Information as soon as possible.

If you are under the age of 13, you should use the Website only with the involvement of a parent or guardian and should not submit any Provided Information to us at all. To the extent possible, any Information from anyone who we know to be under the age of 13 will be destroyed.

The Website may contain links to other websites of interest. Once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we will not be responsible for the protection and privacy of any information you provide whilst visiting such other websites and such sites are not governed by this Policy. You should exercise caution and look at the privacy policy applicable to the website in question.

This Policy is expressly incorporated into our Website Terms of Use. Any dispute between you and us regarding the privacy of your personal information is subject to this Policy and our Website Terms of Use, including limitation on damages, resolution of disputes, and application of applicable law.