UPDATED AS OF AUGUST 1, 2018
Welcome to Publicwill ("Publicwill," "We" or "Us") website (the "Site"). The Site is provided as a service to our customers and your use of this Site is governed by these terms and conditions, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Terms & Conditions”). We reserve the right to revise these Terms & Conditions at any time, without any notice to you. Any changes to these Terms & Conditions are effective upon posting to the Site. Your continued use of the Site shall be considered your acceptance of any modified Terms & Conditions. If you do not agree to these Terms & Conditions, you may not access or use the Site.
ORDERS FOR PRODUCTS AND SERVICES
Our products available on this Site are for your personal, non-commercial use only. By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided. Unless otherwise indicated, all prices on the Site are in US Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to Publicwill. You agree to pay all applicable taxes. Certain products that you purchase on this Site may be subject to additional terms and conditions presented to you at the time of such purchase. You further agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense.
We reserve the right to refuse any order you place with us. We may, without notice and in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. You will only be charged for quantities actually shipped. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Publicwill shall issue you a refund through your original method of payment.
PRODUCT INFORMATION & SHIPPING
Although we do our best to provide information on the Site with care, it may happen that certain information on the Site contains errors. We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, or other information or content on the Site. We therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Site. Any orders placed on our Site will not be considered accepted until the order has been shipped. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is marked "In stock" in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail that your order will not be filled and your credit card will not be charged. We also cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Site, to change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order enters the shipping process. If We cancel any orders after your credit card has been charged, We will issue a credit to your account in the amount charged.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER GENERATED CONTENT
At Publicwill, we welcome your suggestions, feedback, ideas, material, information, questions and other submission (collectively, “Comments”) about the Site, the content and our products. By submitting or posting Comments on the Site, you represent and warrant that the Comments are original to you and that no other party has any rights thereto. You also represent and warranty that any and all “moral rights” in the Comments, if any, have been waived. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. Any Comments submitted or posted to the Site shall be treated as non-confidential and nonproprietary, you grant Publicwill and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. All Comments shall automatically become the sole and exclusive property of Publicwill and shall not be returned to you. Without limiting the foregoing, Publicwill reserves the right to use the Comments as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. You are and shall remain solely responsible for the content of any Comments you make.
Publicwill and/or its licensors own all right, title and interest in and to the Site, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Site (“Content”), as well as the look and feel and the design of the Site and the organization of the Content on the Site, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any Content on the Site. Subject to these Terms & Conditions, Publicwill grants you a limited, revocable, non-sublicensable and non-transferable license to use the Site and the materials contained thereon only for your personal, non-commercial use.
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of Publicwill and others and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Publicwill that appear on the Site or on or through the Site’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Publicwill that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed:
firstname.lastname@example.org RE: Copyright Infringement
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above and applicable.
Our Site is not intended to be used by minors, without involvement, supervision, and approval of a parent or legal guardian. We do not knowingly collect personal identifiable information from minors and we ask that they do not submit any personal information to us.
You agree to defend, indemnify and hold harmless Publicwill, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses including reasonable attorneys' fees, arising in any way from or relating to your use of the Site or your breach or violation of the law or the Terms & Conditions.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California, Northern District of California, County of San Francisco.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) Publicwill is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Publicwill is not responsible for any other form of transmission received from any linked site. Publicwill is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Publicwill of the site. Any concerns regarding any such link should be directed to the particular third party website. If you choose to access any content of any linked third-party site, you agree that you do so at your own risk and Publicwill is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party content, products or services.
Publicwill may, change, suspend or discontinue this Site at any time without any notice at its sole discretion. We may restrict, suspend or terminate your access to the Site and/or services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. Publicwill will revoke the Site use privileges of users who are repeat infringers of intellectual property rights.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS", “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PUBLICWILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PUBLICWILL DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. PUBLICWILL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. PUBLICWILL RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). NO ADVISE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAIN BY YOU FROM PUBLICWILL OR THROUGH THE SITE SHALL CREATE A WARRANTY NOT EXPRESSLY MADE HEREIN. PUBLICWILL ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, PUBLICWILL DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH PUBLICWILL OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY PUBLICWILL “AS IS.”
LIMITATION OF LIABILITY
IN NO EVENT SHALL PUBLICWILL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, ITS AFFILIATED ENTITIES OR SUPPLIERS (COLLECTIVELY “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM, DIRECTLY OR INDIRECTLY (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; (C) THE CONTENT OF THE SITE, OR (D) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF SUCH PROTECTED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST PUBLICWILL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO PUBLICWILL FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO CERTAIN USERS.
CONSENT TO ELECTRONIC COMMUNICATION
By using our Site, you consent to receiving electronic communications from Us. These communications may include notices about your account (e.g., change in password or payment method, confirmation e-mails and other transactional information) and information concerning or related to our products or service. These communications are part of your relationship with Us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Unless otherwise specified and except to the extent Publicwill products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Publicwill products and services available in the United States. This Site is controlled and operated by Publicwill from its offices in California. These Terms & Conditions including, without limitation, any other Terms & Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms & Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms & Conditions shall remain in full force and effect. A printed version of these Terms & Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Publicwill to insist upon or enforce strict performance by you of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions. Any action that you may desire to bring arising out of or related to these Terms & Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.