Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Downeast (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of downeaststyle.com, including any content, functionality, mobile features, and services offered on or through downeaststyle.com (the “Website”), as well as any purchases of products made through the Website.

Please read the Terms of Use carefully before using the Website or placing an order. By using the Website, creating an account, or completing a purchase, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, our Shipping Policy, and our Return Policy, each of which is incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Website or purchase products through it.

Eligibility

This Website is offered and available to users who are 18 years of age or older (or the age of legal majority in your jurisdiction) and reside in the United States or its territories. By using this Website, you represent and warrant that you meet all eligibility requirements.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website and any subsequent purchases thereafter. Your continued use of the Website following the posting of revised Terms of Use signifies your acceptance of the revisions.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You agree to notify us immediately at cs@downeaststyle.com of any unauthorized access to or use of your account or any other breach of security. We have the right to disable any user name, password, or account identifier at any time in our sole discretion.

Orders, Pricing, and Product Availability

• Order Acceptance & Cancellation: Receipt of an electronic order confirmation does not signify our final acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, limit, or cancel your order for any reason, including product unavailability, errors in product or pricing information, or suspicion of fraudulent or unauthorized transactions. If your order is canceled after your payment method has been charged, we will issue a full refund to your original payment method.
• Pricing & Typographical Errors: We strive for complete accuracy, but pricing, descriptive errors, or inventory discrepancies may occur. In the event an item is listed at an incorrect price or with incorrect specifications, we reserve the right to cancel any orders placed for that item.
• Shipping and Risk of Loss: All purchases are made pursuant to a shipment contract. Risk of loss and title for items purchased from the Website pass to you upon our delivery of the goods to the carrier. Shipping fees, processing timelines, package protection, and delivery terms are governed by our Shipping Policy.
• Returns and Exchanges: All returns and exchanges are subject to our Return Policy. Certain vendor-fulfilled or specialty partner items may carry specific return restrictions outlined on the applicable product page.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, product photography, video, audio, and the design, selection, and arrangement thereof) are owned by Downeast, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for personal, non-commercial use only.

Trademarks

The name Downeast, the Downeast logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Downeast or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or similar solicitation.
• Impersonate or attempt to impersonate Downeast, a Downeast employee, another user, or any other person or entity.
• Use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Website material.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

User Content and Customer Reviews

Any product reviews, comments, photos, videos, or feedback (“User Contributions”) posted on or submitted through the Website or shared via social media utilizing brand hashtags are considered non-confidential and non-proprietary. By submitting User Contributions, you grant Downeast a perpetual, irrevocable, worldwide, royalty-free, transferable license to use, reproduce, modify, publish, translate, and distribute such content across any media or marketing channels. You represent and warrant that you own or control all rights in your User Contributions and that they comply with all applicable laws and decency standards.

DMCA Notice of Copyright Infringement

If you believe that any content or User Contributions on the Website violate your copyright, please send a written notice of copyright infringement satisfying 17 U.S.C. § 512(c)(3) to our designated copyright agent:

Attn: Legal / DMCA Agent
Downeast
1525 West 2960 South
Nibley, UT 84321
Email: cs@downeaststyle.com

Downeast will terminate the user accounts of repeat infringers.

Reliance on Information & Third-Party Links

The information presented on or through the Website is made available solely for general information purposes. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Geographic Restrictions

Downeast is based in the State of Utah in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ALL MERCHANDISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOWNEAST 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 WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DOWNEAST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY MERCHANDISE PURCHASED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU TO DOWNEAST FOR THE TRANSACTION GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Downeast, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and purchased merchandise.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

• Governing Law: All matters relating to the Website, these Terms of Use, and merchandise purchases shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision.
• Binding Individual Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Website shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) in the State of Utah under its Consumer Arbitration Rules.
• Class Action Waiver: YOU AND DOWNEAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use, the Website, or merchandise purchases must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Downeast of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Shipping Policy, and Return Policy constitute the sole and entire agreement between you and Downeast regarding the Website and sales of products, superseding all prior written and oral understandings.

Your Comments and Concerns

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