Terms and Conditions

 Last updated on March 27, 2020

Welcome to the website of OLD Wood Creations, LLC ("the Company", “OLD Wood”, "we", "us", "our"). Please read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using our website or any of our applications through any web-based platform (collectively known as our "Website"). By clicking onto any webpage beyond the Website homepage, you represent, accept and agree that you are at least 18 years old, that you will only access our Website for Permitted Uses, and that you agree to be bound by the provisions of these Terms and our Privacy Policy whether or not you complete a transaction with the Company. If you do not agree to these Terms, you may not use or access the Website.

Permitted Use

You agree that you will not access or use, or attempt to access or use, our Website for any purpose other than a Permitted Use. A Permitted Use are those uses by actual or potential customers of the Company who wish to use, purchase, or otherwise obtain information regarding the Company or its products or services for the purpose of entering into transaction or potential transaction with the Company. The following is a non-exclusive list of uses of the Company’s Website which are not Permitted Uses:

· Any use that involves the provision of false, deceptive, or misleading information by the user;

· Any use that violates any federal, state, or local law;

· Any use that interferes with, or attempts to interfere with or access the Company’s confidential information, customer data, source code, or network services;

· Any use that impersonates or misrepresents the user’s identity or affiliation with any person or entity; or

PURCHASE TERMS

A. Payment Authorization. By placing an order on our Website, you expressly authorize OLD Wood to charge your credit card in the amount reflected on the payment page. 

B. Right to Refuse Service. The Goods offered for sale on this Website are customized and handmade. As a result, our production capacity is limited. OLD Wood reserves to refuse service to anyone, at any time, for any reason. If you have already placed your order and we cannot fill it, we will refund the purchase price in full.

C. Delivery. Provided that Buyer has paid for the Goods in full, Seller shall ship the Goods to Buyer at the address provided by depositing the Goods with a nationally recognized carrier. The Goods are customized and handmade and therefore production time may vary. Title to and risk of loss of the Goods shall pass to Buyer upon shipment of the Goods in accordance with this Agreement.

D. Disclaimer of Warranties. Buyer acknowledges that it is purchasing the Goods “As Is” Seller expressly disclaims all warranties, both express and implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.

E. Limitation of Liability. Buyer acknowledges and agrees that Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or related to this Agreement or the Goods. In no event will Seller’s liability exceed the price paid by Buyer to Seller for the Goods. 

F. License to Use Buyer’s Trademark. Buyer represents that it owns the trademark it has requested OLD Wood to use in creating the Goods. Buyer authorizes OLD Wood to use its trademark for the sole purpose of customizing the Goods as requested by Buyer. The license granted by this paragraph shall remain in effect for the stated purpose, until expressly revoked. 

If Buyer does not own the trademark that it has requested OLD Wood to use in creating the Goods, Buyer must have the owner of the trademark fill out this form and return it to OLD Wood before production can begin. If the owner of any trademark makes a claim against OLD Wood as the result of Buyer’s failure to obtain proper authorization to utilize the owner’s trademark or misrepresentation about ownership of the mark, Buyer will indemnify OLD Wood for any such damages or expenses, including attorneys’ fees, arising out of same.

G. Miscellaneous.

a. Cancellation. If Buyer desires to cancel this order for any reason it must do so no later than ten days after the execution of this Agreement by email to andy@oldwoodcreations.com. 

b. Force Majeure. Seller shall have no liability for any claims or damages resulting from any delays in performance or non-performance due to unforeseen circumstances or causes beyond Seller’s reasonable control.

c. Dispute Resolution. If there is a dispute arising out of this Agreement, the Parties agree to mediate in Austin, Texas with each Party to bear its own costs. Both Parties waive their right to a trial by jury.

d. Governing Law. The terms of this Agreement shall be governed by the laws of the State of Texas.

e. Entire Agreement. This Agreement constitutes the entirety of the Parties’ understandings related to the subject matter herein.

f. Severability. If any portion of this Agreement is found to be invalid or unenforceable, such provision shall not affect the validity or enforceability of the remainder of the Agreement.

Indemnification and Remedies

You agree to indemnify the Company and its officers, directors, agents, representatives, and affiliates for all losses, claims, damages, costs, and expenses, including attorneys’ fees that arise out of or are related to your use of the Website or your failure to comply with these Terms and Conditions.

Nothing herein shall constitute a waiver of any remedy available at law or equity by the Company.

No License

Neither your use of the Website and nothing contained in these Terms and Conditions is intended to grant any rights or license under any patent, idea, discovery, copyright, trademark, or other intellectual property of the Company to you or any of your affiliates, officers, agents or representatives, whether expressly or by implication, estoppel or otherwise.

Governing Law

These Terms and Conditions are governed by the laws of the State of Texas. Any dispute arising out of these Terms and Conditions shall be submitted to mediation in the Austin, Travis County, Texas metropolitan area. You expressly waive any right to a trial by jury for any dispute arising out of your use of this Website.

Modification

The Company may modify these Terms and Conditions at any time and for any reason by posting a new version on the Website. Any such changes do not affect rights and obligations that arose prior to such changes. We may terminate or suspend access to the Website without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.