Terms of Use

TERMS OF USE

Welcome to our website, www.davidwebb.com (the “Website”), which is owned and operated by David Webb LLC, and its corporate affiliates (referred to as “DAVID WEBB”, “we”, “us”, or “our”). This document constitutes a legally binding agreement (“Agreement”) governing the terms of use for the Website. By using this Website, you signify your acceptance of these Terms of Use, our Privacy Policy (available at https://david-webb-ny.myshopify.com/pages/privacy-policy) and any additional terms and conditions that are referenced below or that otherwise may apply to specific areas of the Website.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use the Website.

The words “you” and “your” refer to you, the person who is being presented with these Terms of Use.

  1. General Rules of Conduct
  2. Information Supplied
  3. Newsletter
  4. Third-Party Websites or Services
  5. E-Commerce
  6. Copyright
  7. Trademarks
  8. Revocation of Consent
  9. Applicable Laws
  10. Indemnification
  11. Warranty Disclaimer
  12. Limitation of Liability
  13. Miscellaneous
  14. Modifications of Terms of Use
  15. Contact Information

 

  1. General Rules of Conduct

As part of using the Website, you must not:

  • Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.
  • Use any automated or non-automated means to access, copy or distribute any portion of the Website or collect any information from the Website, including without limitation, the use of so-called “robots”, “spiders”, “offline readers”, etc.
  • Obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access to the public.
  • Circumvent or reverse engineer the Website or its systems.
  • Infringe on the intellectual property rights of anyone.
  • Do anything that infringes on the rights of us or a third party.
  • Impersonate another person or organization.
  • Use, republish or reframe the Website or its contents in any manner that could damage, disparage or otherwise negatively impact DAVID WEBB.

We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate or suspend your access to the Website without explanation.

  1. Information Supplied

When using the Website to sign up for our newsletter you may be asked to provide your email address. If you place an order with us, you may be asked to provide your name, e-mail address, telephone number, residence address, shipping address, shipment type and credit card details.

  1. Newsletter

By signing up to receive e-mail newsletters, you are agreeing to receive regular e-newsletters and marketing-related emails from DAVID WEBB. Should you wish to be removed from our email list, you can unsubscribe at any time by using the unsubscribe link at the bottom of the e-mail newsletter.

  1. Third-Party Websites or Services

The Website may include hyperlinks to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from our Website, you do so at your own risk and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You acknowledge that we have no liability arising from your use of any third-party website or services or third-party content. We encourage you to review the terms of use and privacy policy of any third-party website or service that you visit.

  1. E-Commerce

DAVID WEBB products are offered for sale on the Website. In the event you wish to purchase any of these products, you may be asked by DAVID WEBB or an authorized third party to supply certain information, including without limitation, your full name, e-mail address, telephone number, residence address, shipping address, shipment type and credit card details. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of any DAVID WEBB products. You shall be responsible for all charges incurred as well as for paying any applicable taxes. You agree that in the event we are unable to collect the fees you owe us for the products specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees.

  1. Copyright

All content on the Website, including text, graphics, illustrations, photographs, jewelry designs, logos, button icons, images, audio, video and music, and the selection and layout of such content, is the exclusive property of DAVID WEBB or its licensors and is protected by United States and international copyright law. All rights not expressly granted to you by us are reserved.

  1. Trademarks

"DAVID WEBB”, “DAVID WEBB NEW YORK”, “WEBB”, “BOLDLY CREATED. BOLDLY WORN.”, “DIPPED IN SUGAR”, “TOOL CHEST”, the “W” zebra logo and all other trademarks that appear on the Website are trademarks used by us, DAVID WEBB, to uniquely identify our websites, goods, and services. You agree not to use any of our trademarks, service marks, designs, and logos anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.

  1. Revocation of Consent

Where DAVID WEBB has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

  1. Applicable Laws

By accessing the Website, you and DAVID WEBB agree that these Terms of Use and all matters relating to the use of the Website shall be governed by, and its provisions enforced in accordance with, the laws of the United States and the State of New York, without regard to its principles of conflicts of laws. Any dispute that arises between you and DAVID WEBB may be brought solely in the federal or state courts located within New York County, New York, and you and we consent to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein or convenience of any forum therein.

  1. Indemnification

You agree to indemnify, defend, and hold harmless DAVID WEBB and our affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) that: (i) arise from your activities on the website; (ii) assert a violation by you of any term of these Terms of Use; or (iii) any breach of our General Rules of Conduct as detailed above. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  1. Warranty Disclaimer

WE PROVIDE THE DAVIDWEBB.COM WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE WEBSITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES: (I) THAT THE WEBSITE WILL BE PERMITTED IN YOUR JURISDICTION; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THAT THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE; OR (IV) THAT THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US.
YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE WEBSITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR AUTHORIZED THIRD PARTY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE WEBSITE IS OFFERED BY US FROM OUR FACILITIES IN THE STATE OF NEW YORK, UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  1. Miscellaneous

These Terms of Use, together with our Privacy Policy and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Website, constitute the entire agreement between us and you with respect to the Website. This agreement is personal to you and you may not assign it to anyone.


If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

  1. Modifications of Terms of Use

We may, in our sole discretion, modify or revise these Terms of Use at any time. Once changes are posted, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms of Use cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms of Use page will explicitly state the “Last Updated Date,” which should indicate to you the Terms of Use that are currently in effect.

  1. Contact Information

If you have any questions, concerns or notices of violations to these Terms of Use, please contact us by sending an email to info@davidwebb.com.

Last Updated Date: October 3, 2018