Terms of service

Terms of Use

Last Updated: September 10,2024

Welcome to Clay & Ash, LLC (“Company”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of our website located at [clayash.com] (the “Site”), as well as any related services, content, or products offered by Clay & Ash, LLC (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as any additional terms and conditions, policies, or guidelines referenced herein.

Please read these Terms carefully before using the Site. By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.

Changes to These Terms

We reserve the right to update or modify these Terms at any time, without prior notice. Any changes will be posted on this page, and the “Last Updated” date will be revised accordingly. Your continued use of the Site or Services following any such changes constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically to stay informed of any updates.

General Conditions

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

You understand that your content (excluding credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks, and (b) adaptations to conform to technical requirements of connecting devices or networks. Credit card information is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service, or any contact on the website through which the service is provided, without express explicit written permission from us.

Billing and Account Details

We reserve the right to decline any order you place with us. At our discretion, we may restrict or cancel quantities purchased per individual, household, or order. These limitations may apply to orders placed using the same customer account, payment method, and/or billing and shipping address. Should we modify or cancel an order, we will attempt to notify you via the email, billing address, or phone number you provided at the time of purchase. We also reserve the right to limit or refuse orders that, in our opinion, seem to be placed by dealers, resellers, or distributors.

You agree to provide accurate, up-to-date purchase and account details for all transactions made in our store. You also commit to promptly updating any relevant information, such as your email address, payment method, and expiration dates, to ensure we can process your orders and contact you if necessary. 

Errors, Inaccuracies, and Omissions

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

We are under no obligation to update, amend, or clarify details in the service or on any related website, including but not limited to pricing information, except as required by law. Any specific update or refresh date applied in the service or on any related website should not be taken as an indication that all information has been modified or updated.

Prohibited Uses

In addition to the restrictions outlined in these Terms, you are prohibited from using the Site or its content for any unlawful or improper purpose, including but not limited to:

• (a) Engaging in any illegal activity or soliciting others to participate in unlawful acts.

• (b) Violating any applicable international, federal, provincial, state, or local laws, rules, or regulations.

• (c) Infringing upon or violating our intellectual property rights or the rights of others.

• (d) Harassing, abusing, insulting, defaming, slandering, discriminating, or intimidating based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

• (e) Submitting false or misleading information.

• (f) Uploading or transmitting viruses, malware, or any other harmful code that could affect the functionality of the Service or any related website, the Internet, or other systems.

• (g) Collecting or tracking the personal data of others without consent.

• (h) Spamming, phishing, pretexting, pharming, crawling, scraping, or any other unethical practices.

• (i) Using the Site for any obscene, immoral, or inappropriate purposes.

• (j) Attempting to interfere with or circumvent the security features of the Site, other websites, or the Internet as a whole.

We reserve the right to suspend or terminate your use of the Service for any violations of these prohibited uses.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, 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 (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be 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, 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 the Service or any related website. You may not use a false e‑mail 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. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service 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 My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, 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. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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. 

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. 

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 Services, or when you cease using our site. 

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 Services (or any part thereof). 

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. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, 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 Service). 

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

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 United States. 

CHANGES TO TERMS OF SERVICE

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 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 the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Copyrights, Trademarks, and Intellectual Property Rights

Our policy is to respect the copyrights, trademarks, and intellectual property rights of others. We reserve the right to terminate any user’s access rights immediately, without notice, if we determine that their actions infringe upon the intellectual property rights of others. Additionally, we may remove any user content that we believe violates such rights.

You acknowledge that Clay & Ash, LLC, or its licensors, own all rights, titles, and interests in and to all trademarks, service marks, logos, and trade names displayed on the Site or embodied in our products (“Trademarks/Trade Dress”). You are prohibited from using any of these Trademarks/Trade Dress in connection with any product or service that is not owned by us, in any manner that may cause confusion among customers, or that disparages or discredits our brand. Any other trademarks appearing on the Site belong to their respective owners.

All content available on or through the Site, including but not limited to text, graphics, logos, images, digital downloads, and data compilations, are the property of Clay & Ash, LLC, or its licensors and are protected by U.S. and international copyright laws.

Your use of our intellectual property is strictly limited to the permissions granted in these Terms. Unauthorized use of any Company intellectual property is strictly prohibited and is actionable under applicable law.

Dispute Resolution and Arbitration

All disputes between you and us will be resolved through binding arbitration. By agreeing to these Terms, you acknowledge that you are waiving your right to take disputes to court, including participating in class actions. Instead, any issues will be resolved by a neutral arbitrator, ensuring a more efficient and straightforward process than going through a court. This agreement applies to all interactions with us, whether on the website, via text, or through any other communication method. Please review the Dispute Resolution section below for more details.

Interaction and Use Agreement

By using this website or engaging with us through any other means (such as via text, phone, or other communication methods), you agree to abide by the terms and conditions outlined in this agreement. It’s important to carefully read these Terms, as they govern all interactions and purchases with our company.

We strive to ensure all interactions are seamless, but please note that standard text message rates may apply when corresponding with us via text, and you are responsible for any costs or fees related to sending or receiving such messages.

Agreement to Terms

By accessing and using this website, you agree to be bound by all terms and conditions outlined here and in our Privacy Policy. If you do not agree to these terms, you are welcome to discontinue the use of our services.

We ask that you do not modify these Terms. Any modifications to this agreement by users will not be accepted or enforced. However, you can always reach out to us if you have any questions or concerns about these terms.