Terms & Conditions
IMPORTANT! THESE TERMS AND CONDITIONS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT” OR “TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE WEBSITE, WHICH INCLUDES YOUR USE OF STASH ICONS, (AS DEFINED BELOW). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY JONATHAN PATTERSON AT ANY TIME IN HIS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE.
- "Stash Icons" and "Icons" means the icons that are purchased through this site.
- "Designer" means Jonathan Patterson.
- "You" and "Your" means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
- "Website" or "Site" means all subsequent pages, content, sections, and items made available through such website, owned and operated by Jonathan Patterson.
Your use of the Website
The Website includes original Icons that are both proprietary and intellectual properties of Designer and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws. The compilation of all content on this Site is the exclusive property of Designer and protected by United States and/or international copyright laws.
Designer has the right to modify this Agreement and any other Agreement or policy referenced in the Website, or linked to in the Website, at any time. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
Your Representations & Warranties
You represent, warrant and covenant that:
- You are of a proper age to enter into this Agreement.
- You are entering this Agreement with a sound mind and not under duress or emotional distress.
- You shall comply at all times with this Agreement, including any modifications to this Agreement.
- The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
- If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
- Choice of Law
- This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to the principles of conflicts of laws.
- Waiver of Jury Trial
- You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury with respect to any proceeding arising out of or in any way relating to this Agreement.
- Jurisdiction and Venue
- In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the United States District Court for the Eastern District of Michigan. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Michigan in Oakland County. You expressly agree to waive any defenses based on lack of personal jurisdiction.
- Your rights hereunder are personal. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void.
- Credit card information, i.e., credit card numbers and billing addresses, that you submit via a form on the Site are processed by a third-party vendor and are not provided to or stored by Designer, which assumes no responsibility and disclaims all liability for any interception, misuse, or harm of any kind flowing from Your submission of such information via the form on this Site.
Disclaimer of Warranties
DESIGNER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
Limitations on Liability
USE OF THE WEBSITE AND ICONS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE AND ICONS. DESIGNER SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE OR ICONS, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY’S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Damages
THE LIABILITY OF DESIGNER, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THIS WEBSITE OR ICONS IS LIMITED TO ONE DOLLAR ($1.00) OR, IF GREATER, THE MINIMUM AMOUNT ALLOWABLE BY LAW.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.