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Ace & Tate Website Terms (June 2019)

1. General

Thank you for visiting our website. These Website Terms explain the conditions for using our website www.aceandtate.com (the “Website”); please read them carefully before using our Website. Any use of our Website is subject to these Website Terms. As a condition to your access to or use of the Website, you consent to be bound by these Website Terms and will comply with them. If you do not agree with these Website Terms, please discontinue your use of our Website. Your use of the Website, and our provision of services to you, constitutes an agreement between you and Ace & Tate to be legally bound by each of the terms, guidelines, and rules incorporated into these Terms.

We reserve the right to update and revise our Website and these Website Terms at any time. Whenever visiting our website, please be sure to check the latest version of the Website Terms and Privacy Policy.

⁣2. Eligibility for Website Use

You must be at least 18 years old to form a legally binding contract to use our Website. However, users under the age of 18 may use the Website if they are over the age of 13 years old and are supervised by a parent or legal guardian who is at least 18 years old. If you are under 13 years old, you may not use the Website, although a parent or other eligible adult may do so on your behalf. Your use of the Website means you represent and warrant that you meet all eligibility requirements outlined in these Website Terms. However, we may refuse to let certain people access or use the Website. We also reserve the right to change our eligibility criteria.

3. User Account & Content

You may be able to navigate some features of the Website without creating a user account (“Account”). However, certain services, such as placing an order, may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Please do not share your Account information. You should not use another person’s Account or registration information for the Website without permission. Similarly, no one else should be able to use your Account without your permission.

In order to be able to open an Account you must provide your personal data. You are solely responsible for the safety and correct use of your password for your Ace & Tate Account. If you suspect your Account is being abused, please contact the Customer Service team immediately at hello@aceandtate.com.

4. Website Information & Liability

Any information provided on or in relation to the Website is for general information purposes only. You remain solely responsible for your use of the Website and your interpretation of the content on the Website.

The information provided on the Website shall not be considered as medical advice or otherwise and should not be used to for any diagnosis or choice for treatment. Always consult a doctor or specialist for medical problems.

Although we take great care in maintaining our website, we do not guarantee that the Website and its contents are accurate, complete, up to date, or that the Website is available, uninterrupted, error-free or free of viruses or bugs. Ace & Tate is not liable for any damage you may incur due to use or unavailability of the website, or electronic communications with Ace & Tate, unless this is the result of Ace & Tate’s willful intent or gross negligence.
Insofar as our website contains information of third parties or links to third party websites, Ace & Tate is not responsible for any such information or links (or availability thereof). All content, including user content and third party content, is the responsibility of the party that creates it. Please note that Ace & Tate does not exercise control over these third party websites, is not affiliated with any such third parties, and your visit to these third party websites is at your own risk and is subject to legal conditions and any privacy and/or cookie policy of the relevant site. Ace & Tate does not approve, endorse, or supervise the websites of third parties. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website. If any damage or loss results from your use, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that Ace & Tate does not bear any responsibility, directly or indirectly, or liability with regard to the websites of third parties.

The Website and our services are provided “as is” and without warranty of any kind. To the maximum extent permitted by law, Ace & Tate disclaims all representations and warranties, express or implied, relating to the Website or any content on the Website, whether provided or owned by Ace & Tate or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, Ace & Tate does not represent or warrant that the content accessible via the services is accurate, complete, available, current, free of viruses or other harmful components, or that the result of using the services will meet your requirements.

To the fullest extent permitted by applicable law, in no event will Ace & Tate or anyone representing Ace & Tate be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for (A) any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from (i) your access to, use of, or reliance on any content provided through the services or any errors or omissions in any content; (ii) any unauthorized access to use or use of the services or Ace & Tate’s secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the services; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party (regardless of the source of origination) or (B) any direct damages in excess of the fees paid to us for the applicable products.

5. Intellectual Property Rights

Unless otherwise stated, Ace & Tate, and/or its licensors, hold(s) all intellectual property rights to the Website and content provided thereon (including text, design, layout, images, icons, and videos), as well as all products, trademarks and trade names of Ace & Tate and/or its licensors. This exclusive property of Ace & Tate and/or our licensors is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Website (collectively the “Marks”) are proprietary to Ace & Tate, or the respective owneres of such Marks.

You may use the Website and information provided thereon for your own personal use (such as printing and saving them for later viewing). You may not display, reproduce, redistribute, frame, hyperlink, deeplink, or otherwise use the content or materials on the Website, including the Marks, without first receiving our express written consent. Any unauthorized use of any content or materials on the Website is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

6. Restrictions on Your Use of the Services

Your rights in connection with the use of the Website do not allow you to do any of the following:

  • interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
  • resell or make any commercial use of the Website content;
  • modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Website content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a web browser;
  • copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Website content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise;
  • use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Website or to collect any information from the Website or any user of the Website;
  • use any automated or manual means to take our content without our prior consent;
  • bypass, circumvent, or attempt to bypass or circumvent any feature of the Website or any measures we may use to prevent or restrict access to the Website, including other accounts, computer systems or networks connected to the Website;
  • run any form of auto-responder or “spam” on the Services; and/or
  • otherwise take any action in violation of these Website Terms.

7. Entire Agreement

These Website Terms constitute the entire agreement between you and Ace & Tate and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Website Terms. Any rights not expressly granted herein are reserved.

8. Various

We process and collect information in accordance with our Privacy Policy, which can be found at Privacy Policy. By placing an order or using our services, you have agreed to our storing and processing of your data and you confirm that any data provided by you are correct and complete. Further we refer to our Cookie Statement, which can be found at Cookie Policy.

If any part of these Website Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary, and shall be replaced by a valid term. The limitation or elimination of the term will not affect any other terms. The remainder of these Website Terms will remain in place. Failure to enforce any part of these Website Terms shall not be a waiver of any right of Ace & Tate; a waiver must always be given explicitly and in writing.

These Website Terms are governed by the laws of the Netherlands without regard for conflict rules under Dutch private international law. Any disputes arising out of or in connection with your use of the website and/or the Website Terms shall be submitted to the competent court of Amsterdam, the Netherlands. If you wish to bring the dispute before another competent Dutch court, you shall inform Ace & Tate thereof in writing within one (1) month weeks after Ace & Tate having informed you that it wishes to invoke this Section, in the absence of which notification from you the competent court of Amsterdam shall have exclusive jurisdiction.

Most recent update: June 1, 2019

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