Last Updated: October 14, 2020
Your use of this website, label180.com (“Site”), is governed by the following Terms (“Terms”), as updated from time to time. The current version of these Terms is indicated above. These Terms constitute a legally binding agreement between you and American Leather Holdings, LLC (hereinafter referred to as “label180.com”), the owner and operator of label180.com.
IMPORTANT INFORMATION FOR US RESIDENTS
Please review the mutual arbitration agreement set forth below carefully, as it will require you to resolve disputes with label180.com on an individual basis through final and binding arbitration and waiving your right to a class action. By entering this agreement, you expressly acknowledge that you have read and understand all of the Terms of this mutual arbitration agreement and have taken the time to consider the consequences of this important decision. These Terms also contain releases, limitations on liability, and provisions on indemnity, all of which may limit your legal rights and remedies.
By using this Site, you agree to these Terms. Please read them carefully.
Note that we offer a wide range of products (“Products”) and services (“Services”), and sometimes additional Terms may apply, in which case you will be notified of such additional Terms.
We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.
When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Label180.com does not sell Products for children. Adults can purchase Products through the Site with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Label180.com reserves the right to refuse service and/or purchases, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If you are a parent or guardian that provides consent to your minor’s registration with and use of the site, you agree to be bound by these terms in respect of such minor’s use of the site.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to anyone. We also reserve the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
The owner of the Site is based in Canada. Access to the Site may not be legal by certain persons or in certain countries, and our Products are only available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.
As further described throughout this Section, Label 180 has intellectual property rights protected under worldwide patent, copyright, trademark, trade dress, and other laws, whether under statutory or common law.
Label 180 is the sole owner or lawful licensee of all the rights and interests in and to the Site and any content contained therein, including without limitation designs, Product designs, photography, text, typography and software, whether currently registered or not. “Label180.com”, “label180.com”, “Label 180”, “Label180.COM” and related icons and logos, as well as Product names, including without limitation certain related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or service marks of Label 180 and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks, and any marks that we may register in the future, is strictly prohibited.
You agree not to infringe any or all of the title, ownership and intellectual property rights of Label 180. You hereby agree to indemnify Label 180 in the event of any breach of intellectual property rights by or through your use of the Site and any content contained therein (or other material as set forth above). All rights not otherwise claimed under these Terms or by Label 180 are hereby reserved.
You agree to use the Site for your personal use only and shall in no event use any of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through the Site for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on the Site for purposes other than as permitted in these Terms is prohibited.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate label180.com, an label180.com employee, another user or any other person or entity, including, without limitation, by using email addresses, telephone numbers, or screen names associated with any of the foregoing, or otherwise submitting false information.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm label180.com or visitors or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to gain unauthorized access to any personal information that may be contained on the Site, the server on which the Site is stored, or any server, computer, database or information system connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
You are responsible for maintaining the confidentiality of your account information and password on the Site. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Visitors may post reviews, comments, photos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, “User-Generated Content”). You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. Label180.com does not endorse any User-Generated Content or any opinion or recommendation expressed therein.
By submitting User-Generated Content, you represent and warrant to label180.com that: (i) your User-Generated Content is accurate, does not violate these Terms and will not cause injury to any person or entity, (ii) your User-Generated Content does not violate, misappropriate or infringe any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iii) you own or have the legal right to use and authorize label180.com to use your User-Generated Content, including the written consent to use the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User-Generated Content (to the extent applicable), and (iv) such User-Generated Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any User-Generated Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
As between you and label180.com, you retain all of your ownership rights in and to your User-Generated Content; provided, however, that you hereby grant to label180.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User-Generated Content, in whole or in part, including future rights that Label180.com (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant label180.com and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.
label180.com has the right, but not the obligation, to monitor and edit or remove any activity or User-Generated Content. Label180.com takes no responsibility and assumes no liability for any User-Generated Content. By posting User-Generated Content, you agree to indemnify Label180.com for all losses resulting from any claims related to or arising out of the User-Generated Content that you supply, as further explained under the section below titled “Indemnity”.
You also agree further that label180.com is not responsible and shall have no liability to you for any User-Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.
USE OF SOCIAL MEDIA TAGS
When you use social media tags (such as on Instagram or Twitter) that identify or are associated with Label180.com, including without limitation @label_180, #TAGLINE, or any other similar social media tag in any way related to label180.com, you agree to provide label180.com with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in label180.com’s (or its sublicensees’) marketing materials and through all social media channels.
RISK OF LOSS
All items purchased from label180.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS, AND TITLE
All returns are subject to our Returns Policy. Label180.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return: in this situation, label180.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy, which is incorporated herein by reference.
RELIANCE ON INFORMATION POSTED & PRODUCT DESCRIPTIONS
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users (see User-Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by label180.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of label180.com. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Label180.com endeavors to be as accurate as possible, however mistakes and omissions do happen. Label180.com does not warrant that product descriptions or other content on label180.com are all accurate, complete, reliable, current, or error-free. If a Product offered by label180.com is not as described, your sole remedy is to return the Product in unused condition according to the Returns Policy.
NOTICE TO CALIFORNIA RESIDENTS
California Proposition 65 requires that special warnings be provided when Products that are available for purchase on the Site contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.
NOTICE AND COMPLAINTS
Pursuant to California Civil Code Section 1789.3, you are hereby given notice that you may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-888-388-5785.
Products available for purchase on the Site are supplied by third-party suppliers (“Suppliers”) to label180.com. Suppliers are solely responsible for providing accurate information about the Products that they supply to label180.com, including, where applicable and without limitation, consumer warnings and information about materials that may be deemed “hazardous” under California’s Prop 65.
Unless otherwise expressly stated, the retail price displayed for each Product on the Site represents the full retail price listed for such Product, excluding shipping & delivery costs, applicable taxes and any other applicable fees. If you wish to purchase a Product, you will pay the retail price displayed next to the Product, plus shipping & delivery costs, applicable taxes and any other applicable fees.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Label 180 is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We also may offer certain promotions or special pricing that are only available for a limited period of time.
In some cases, we may include an “estimated retail value” for a comparably featured item offered elsewhere, which may or may not represent the prevailing price in every geographic area on any particular day and is merely a comparative price estimate provided for informational purposes only and without binding value. This is only intended to give you a sense of retail prices for similar products on other platforms.
Delivery timeframes communicated by label180.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall label180.com be liable for deliveries that are received beyond the estimated delivery date.
You agree to indemnify and hold harmless label180.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from (i) your use of the Site, Products and/or Services (including, but not limited to, the display of your information or User-Generated Content on the Site), (iii) your breach of these Terms or (iii) any violation, misappropriation or infringement by you of the intellectual property rights of a third party. You hereby further agree to indemnify and hold harmless label180.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. label180.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with label180.com in asserting any available defenses.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that information or files downloaded from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any website linked to it.
Your use of the site, its content and any product or services obtained through the site is at your own risk, except as otherwise expressly provided. the site, its content and any services or items obtained through the site as well as user-generated content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither label180.com nor any person associated with label180.com makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. without limiting the foregoing, neither label180.com nor anyone associated with label180.com represents or warrants that the site, its content, or any products or services obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the site or any services or products obtained through the site will otherwise meet your needs or expectations.
label180.com hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any express warranties made by label180.com or warranties which cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
In no event shall label180.com or its officers, managers, members, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to, phone and email, be liable to you or any user of the sites or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the sites or any information contained therein, including user-generated content, whether based upon warranty, contract, tort, or otherwise, even if label180.com has been advised of or should have known of the possibility of such damages or losses.
You hereby acknowledge that the preceding limitation on liability will apply to all content (including user-generated content), products and services available through the site or other channels associated with label180.com. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
Regardless of the previous paragraphs, if label180.com is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100 USD.
Label180.com shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Site, for any reason whatsoever, including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, global pandemics, orders of domestic or foreign courts or tribunals or non-performance of third parties.
FOR INDIVIDUALS RESIDING IN THE UNITED STATES:
BINDING ARBITRATION; CLASS ACTION WAIVER
Informal Resolution of Disputes and Excluded Disputes. If any Claim arises out of or relates to the Site or these Terms, other than as may be provided herein, then you and label180.com agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. label180.com notice to you will be sent to you based on the most recent contact information that you provide label180.com. If no such information exists or if such information is not current, label180.com has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and label180.com will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or label180.com to resolve the Claim on terms with respect to which you and label180.com, in each of our sole discretion, are not comfortable.
Binding Arbitration. If you and label180.com cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree that that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration relating to your use of the Site, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms as a court would.
This section, including the provisions on binding arbitration and class action waiver, shall survive any termination of your account or the site.
Initiating Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to label180.com at 4501 Mountain Creek Parkway, Dallas, TX 75236, United States. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in Dallas, Texas or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com/.
Fees. You and label180.com will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require label180.com to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then label180.com will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit you to recover attorneys’ fees.
Class Action Waiver. You and label180.com each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. You and label180.com each agree that such proceeding shall take solely by means of judicial reference pursuant to Texas Rules Civil Procedure Section 638.
Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, you or label180.com may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or label180.com may also seek relief in small claims court for Claims within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Dallas County, Texas. You and label180.com agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms or your use of the Site in the event that the arbitration provisions are found not to apply. In such a case, should label180.com prevail in litigation against you to enforce its rights under the Terms, label180.com shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which label180.com may be entitled.
Limited Time to File Claims. To the fullest extent permitted by applicable law, if you or label180.com want to assert a dispute against the other, then you or label180.com must commence it (by delivery of written notice as set forth herein) within one (1) year after the dispute arises or it will be forever barred. Commencing means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by label180.com to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site, intellectual property rights of label180.com, and/or label180.com’ of the Site.
Your Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: firstname.lastname@example.org
The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
COPYRIGHT AND TRADEMARK COMPLAINTS
Label 180 respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site.
Label 180 may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through Label 180’s reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Label 180’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Label 180 to locate the material.
Information sufficient to permit Label 180 to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Label 180’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail: Label 180, 4501 Mountain Creek Parkway, Dallas, Texas 75236
By email: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you posted allegedly infringing material and received notification to that effect from Label 180, you may elect to send us a counter-notice. To be effective, such counter-notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Label 180 may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By mail: Label 180, 4501 Mountain Creek Parkway, Dallas, Texas 75236
By email: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.