Terms & Conditions
Steel American Luxury
DATE: December 7, 2022
EFFECTIVE DATE: December 7, 2022
ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE THAT DISPUTES BETWEEN YOU AND SAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.
B. SAL’S OWNERSHIP OF THE SERVICE & ITS CONTENT
1. The Service, as well as all designs, text, graphics, user interfaces, visual interfaces, images, trademarks, logos, materials, sounds, and computer code contained in and/or made available on or through the Service (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by or to SAL, and is protected by copyright, trademark, trade dress, patent, and various other intellectual property and unfair competition laws.
2. “Steel American Luxury”, and all other product and service names, slogans, and logos contained in the Service, are trademarks of SAL and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SAL or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Steel American Luxury” or any other name, slogan, logo, trademark or product or service name of SAL without our prior written permission.
C. BASIC TERMS AND CONDITIONS OF ACCESS/USE OF THE SERVICE
2. By accessing and using the Service, however accessed, you understand and agree that you are responsible for all data charges that you incur through your access and/or use of the Service.
3. You may not pretend that you are, or that you represent, someone else, or otherwise engage in conduct via the Service that impersonates another person in a manner that does or is intended to mislead, confuse, or deceive others.
4. You must not change modify, adapt, or alter the Service or change, modify, or alter any other program, web site, application, software, and/or platform so as to create or imply a false affiliation, connection, or association with the Service and/or SAL.
5. You must not defame, stalk, bully, abuse, harass, or threaten persons or entities via the Service.
6. You must not publicly post or otherwise make publicly available any private or confidential information via the Service, including, without limitation, your or any other person’s or entity’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
7. You must not use or engage in conduct via the Service, or use any Content, for any purpose that infringes or violates any legal right of SAL or any third party, including, without limitation, copyright, trademark, publicity, privacy, property, and/or confidentiality rights, or to solicit the performance of any illegal activity that infringes or violates any legal right of SAL or any other person or entity.
8. You must not solicit other users of the Service or otherwise use the Service for unauthorized marketing purposes, including, without limitation, by creating or submitting unwanted email, comments, likes, or other forms or commercial and/or harassing communications (including, without limitation, “spam” communications”) to any other users of the Service, or soliciting, collecting, or using account information and/or login credentials of any other users of the Service.
9. You must not use the Service for, or in furtherance of, any illegal, illicit, or unauthorized purpose. By using the Service, you agree to comply with all laws, rules, and regulations (whether federal, state, local, provincial, or otherwise) applicable to your use of the Service, including but not limited to, all applicable copyright and trademark laws, rules, and regulations.
D. USERS’ LICENSE TO ACCESS & USE THE SERVICE
3. At all times, as between you and SAL, SAL shall retain all right, title, and interest in the Content as well as all proprietary rights therein, without limitation. The foregoing limited license for you to access and use the Service and the Content is not intended to transfer any ownership rights in the Service or any of the Content or any proprietary rights therein, without limitation.
E. PURCHASE ORDERS
1. YOU MUST BE AT LEAST 18 YEARS OLD TO MAKE A PURCHASE ORDER THROUGH THE SERVICE. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. If SAL discovers or is of the opinion (as to which SAL shall have sole discretion) that you are not legally entitled to make certain purchases through the Service, SAL shall be entitled to cancel your order immediately, without notice.
3. SAL reserves the right, for any reason in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, decline, or cancel any order you submit to us even after your receipt of an order confirmation. (Understand that your receipt of an email order confirmation does not signify SAL’s acceptance of your order or a confirmation of our offer to sell, but rather is simply an acknowledgement that we received your order.) SAL reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. SAL shall not be liable to anyone for withdrawing any product from the Service or for refusing to accept any order.
4. After receiving your order, SAL may contact you to request clarification, additional or missing information regarding your order or your account. It is your sole responsibility to deliver the additional information to SAL in a timely manner. SAL reserves the right, in its sole discretion, to place your order on hold or cancel your order if the requested information is not received in a timely and complete manner.
5. In the event SAL changes or cancels an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was submitted. If your order is cancelled by SAL, SAL will issue a refund according to these terms.
6. Purchases of commercial quantities of products through the Service is not permitted without SAL’s prior written authorization. SAL reserves the right to place further limits or restrictions on product orders in its sole discretion.
F. SHIPPING & DELIVERY
1. All shipping costs will be displayed at the time of purchase. Standard domestic shipping for orders placed through the Service is generally free. Shipping fees may apply to expedited domestic shipping options, international shipping, and for certain products.
2. SAL offers international shipping on most products, subject to CITES treaties, destination customs laws, and other applicable law. Shipping time for particular destinations will vary depending upon importation and inspection processes and other requirements, and so time between purchase and delivery may vary greatly. SAL will provide shipping updates and other information as it becomes available and upon your request. After placing an order, if SAL determines that certain products or materials are prohibited or restricted for delivery to the selected destination, you will be promptly notified, and SAL will contact you to make further arrangements or provide further instructions. Where SAL determines, in its sole discretion, that shipment of your purchase to your selected destination is not feasible, SAL will promptly notify you, and your payments associated with the purchase will be refunded.
3. Shipping times will vary by product and destination. SmrtKuff™ orders will typically ship within 2 days domestically and 5 days internationally. Sculpture orders will typically be shipped within 2-3 weeks if limited drop, or within 12-16 weeks if ordered from the collection. SAL will provide shipping updates and other information as it becomes available and upon your request.
4. Products meeting certain requirements will be fully insured while in transit, from the time it is shipped to the time you receive and sign for it.
5. Because our products are high-value items, your package will need to be signed for at the shipping address upon delivery; customers are responsible for coordinating and accepting delivery from the shipping carrier.
6. Although we will make every effort to ship your order as soon as possible, delays do occur at times. As such, please understand that all estimated shipping dates regarding your order and/or shipment timeframes provided by SAL are for reference only, and shall not be considered a guarantee, warranty, or commitment by SAL that your order will be delivered on any specific date or within any specific timeframe. Since the actual delivery of your order may be impacted by events beyond SAL’s control once it has shipped, SAL cannot be held liable for late deliveries.
G. ORDER CANCELLATION POLICY
1. Any product order you place through the Service may only be cancelled in accordance with the cancellation or refund policy provided on the product page, and further according to these Terms.
2. When you place an order with us, you will be charged the total amount of the order.
3. Standard Cancellation & Refund: You may cancel an order (other than for limited edition products, as explained below) only within fourteen (14) days of placing your order. If you cancel an order within fourteen (14) days of placing your order, you will be refunded fifty percent (50%) of the total amount of your order; the remaining fifty percent (50%) of the total amount of your order is non-refundable, and will not be returned. Following fourteen (14) days after placing your order, you may not cancel your order, return your order, or obtain a refund on your order.
4. Restricted Cancellation & Refund: All orders for products that are identified as limited drops, limited edition, any third party sales or products, STEEL sculptures, bespoke items, and clothing are final sale, non-refundable, and cannot be cancelled, returned, or refunded.
5. SmrtKuff™ Cancellation & Refund: Cancellation available until the time of shipment. Returns available within 14 days of delivery, with refund amount subject to deductions for shipping and 10% restocking fee. Products must be returned in new and unworn condition, with all original packaging, tags, and certificates of authenticity. Any products returned without their original packaging and documentation will be rejected. Any products that are resized, altered, or otherwise damaged after delivery, won't be accepted for return. Additionally, products that have been personally registered to the blockchain may not be returned.
6. If you would like to cancel an order or have any other inquiries regarding your order, please contact us at email@example.com for further instructions and arrangements.
H. PRODUCT VARIATIONS ; PRODUCT INFORMATION MADE AVAILABLE ON THE SERVICE
1. SAL makes every effort to ensure that the Service is as accurate and complete as possible at all times. However, from time to time, information or materials on the Service concerning products, including but not limited to prices, may be out of date or inaccurate due to system, typographical, or other errors. While we make every attempt to avoid these errors, they do occur. SAL reserves the right to discontinue or change descriptions, images, references, features, content, specifications, prices, and availability of products offered on or though the Service at any time without prior notice, in its sole discretion. The inclusion of any product on the Service at a particular time does not imply or warrant that such product will be available at any other time. SAL further reserves the right to refrain from honoring inaccurate or erroneous prices, even after an order has been placed; errors in advertised prices are not binding on SAL, and may be adjusted by SAL at any time. SAL shall have the right to refuse or cancel orders placed for a product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. We apologize for any inconvenience this may cause. If you have any questions about any product, please do not hesitate to contact us at firstname.lastname@example.org.
2. SAL makes reasonable efforts to accurately display the attributes of our products, including the applicable sizes and colors. However, some products displayed on the Service may appear larger or smaller than their actual size in our photographs, and, since every computer monitor is set differently, color and size may vary slightly. Accordingly, we cannot guarantee that your screen will accurately display product colors and sizes.
3. All of our bags are made from the finest grain leather and exotic leather and skins. Exotic leathers are unique, natural, and derive from a variety of animal hides. Due to the nature of exotic leathers, no two bags are ever the same. Colors, dye lots, and textures may vary.I. PROMOTIONS
1. Certain features or services offered on or through the Service may require you to create a user account. You may create a user account with the Service by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested when creating a user account with the Service. You further agree that you will update your user account information as necessary to maintain its truth and accuracy.
2. BY CREATING A USER ACCOUNT WITH THE SERVICE, YOU AGREE THAT YOU ARE AND SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN VIA YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
3. You are responsible for keeping your user account’s membership credentials (including, without limitation, your password) secret and secure, and for restricting access to your user account (including the information you provide for your account). You agree not to disclose your user account’s membership credentials (including, without limitation, your password) to any third party. You agree to immediately notify SAL of any unauthorized use of or access to your user account or password, or any other breach of security. You may be held liable for losses incurred by SAL or any other user of or visitor to the Service due to someone else using your SAL user account or password as a result of your failing to keep your account information secure and confidential. SAL cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
4. You may maintain only one user account at any time.
5. You may not use anyone else’s user account without the express permission and consent of the holder of that account.
8. By registering a user account with the Service, you acknowledge and agree that paid services, sponsored content, and commercial communications may appear as part of the Service, and may not always be identified as such. By registering a user account with the Service, you further agree and consent to receive emails and other communications about the Service, special offers, new products, and/or for other marketing and/or promotional purposes.
K. USER SUBMITTED CONTENT1. During your access and use of the Service, you may, from time to time, create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post information, materials, and/or communications on, through, or via the Service through your user account (collectively, “User Submitted Content”). With respect to all User Submitted Content that you create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post via the Service, you acknowledge and agree that, by and upon your creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting of such User Submitted Content, you grant SAL a non-exclusive, irrevocable, fully transferable and sub-licensable, perpetual, worldwide, fully-paid, royalty-free right and license to use, reproduce, transmit, communicate to the public, print, publish, publicly display, publicly perform, exhibit, distribute, redistribute, license, sub-license, copy, index, comment upon, modify, adapt, translate, create derivative works based upon, make available, and otherwise exploit, in whole or in part, in all languages, anywhere in the world, by all means, methods, processes, and media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner or frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity, such User Submitted Content. You acknowledge and agree that this license includes the right for SAL to use User Submitted Content for any reason, including, without limitation, to provide, promote, and improve the Service, to develop, manufacture, and/or market its products, and/or for any other commercial purpose. You further acknowledge and agree that this license will survive termination of your user account. DO NOT SUBMIT ANY USER SUBMITTED CONTENT VIA THE SERVICE WITH RESPECT TO WHICH YOU DO NOT DESIRE TO GRANT SUCH RIGHTS TO SAL.
2. You acknowledge and agree that you are solely responsible for any and all User Submitted Content created, uploaded, submitted, posted, utilized, publicly displayed, distributed, and/or otherwise used on or via the Service through your user account.
3. You may not create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post any User Submitted Content that:
(b) Is profane, obscene, indecent, or pornographic;
(c) Contains any unauthorized or unsolicited advertising (e.g., spam);
(d) Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of SAL or any user of the Service;
(e) Includes any person’s identification documents or sensitive financial information.
4. By creating, submitting, uploading, reproducing, distributing, entering, transmitting, publicly displaying, and/or posting User Submitted Content via the Service, you represent and warrant that:
(b) The creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting on the Service of such User Submitted Content does not violate, misappropriate, or infringe upon the rights of any third party, including, without limitation, copyright, trademark, publicity, privacy, confidentiality, and/or any other intellectual property and/or legal right;
(d) You agree to indemnify SAL for all claims arising out of the use of such User Submitted Content on the Service, and to pay for all royalties, fees, or any other monies owed by reason of such User Submitted Content.
1. You must not interfere or disrupt the Service or any servers or networks connected to the Service, including, but not limited to, by transmission of any worms, viruses, spyware, malware, or any other harmful program or code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page within the Service is rendered or displayed in a user’s browser or device.
2. You may not use any “deep-link”, “page-scrape”, “bot”, “spider”, “crawler”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion, aspect, or element of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, or to create user accounts with the Service. SAL reserves the right to bar any such activity, or to prohibit access to the Service to any person who SAL believes in its sole discretion to be engaging in any such activity.
3. You may not attempt to grain unauthorized access to any portion, aspect, or element of the Service or any Content, or any other systems or networks connected to the Service or to any SAL server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate or illicit means.
4. You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of SAL, including any SAL account not owned by you, to its source, or exploit the Service or any service or information or Content made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SAL’s systems or networks, or any systems or networks connected to the Service or to SAL.
6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on or through the Service, or with any other person’s access and/or use of the Service.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SAL on or through the Service or any service offered on or through the Service.
8. Although it is SAL’s intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that SAL will not be liable to you for any modification, suspension, or discontinuance of the Service, or for the loss of any User Submitted Content. You also acknowledge and agree that the internet may be subject to breaches of security, and that the submission of User Submitted Content or other content, materials, or information via the Service therefore may not be secure.M. THIRD PARTY LINKS PROVIDED ON THE SERVICE
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links may include links contained in advertisements, including banner advertisements and sponsored links. SAL has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use or access thereof. If you choose to access any third party program, web site, application, software, and/or platform linked to this Service, you do so entirely at your own risk, and subject to the terms and conditions of use for such program, web site, application, software, and/or platform.
N. ADVERTISEMENTS AND PROMOTIONS ON THE SERVICE
SAL may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SAL, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. SAL is not responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such non-SAL advertisers on the Service.O. GENERAL TERMS AND CONDITIONS FOR NON-FUNGIBLE TOKENS
While using the Services, you may have the opportunity to earn, purchase, receive, or otherwise acquire non-fungible tokens (“NFT”) minted on certain blockchain networks or public ledgers. NFTs may be acquired in relation to your purchase of goods or services through or related to the Services, during purchase opportunities or other events such as auctions or contests, or in other instances which SAL may make available to you from time to time. Acquisition of NFTs may be subject to additional terms and conditions that are specific to the particular transaction, sale, auction, contest, or other event through which they are acquired (“NFT Terms”). Such NFT Terms may be provided to you via the Services and may also be contained within or linked to the NFT itself.
No content provided by the Service is provided as, or should be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any products or services as any investment activity, and no NFT provided by or in association with the Service is provided as or intended to be an investment. No content provided by the Service constitutes financial advice, and you agree not to rely upon any content of the Service for such purpose. It is strongly recommended that you seek professional investment advice before making any investment decision. Any investment decision that you make should be based on an assessment of your risks in consultation with your investment adviser
NFTs may include or be associated with (i) usage rights for multimedia content in the form of images, audio, video, text, or other forms (“NFT Content”) and (ii) other benefits, such as exclusive access to SAL’s software or features, discounts for SAL’s and/or third party goods and/or services, and other benefits (“NFT Benefit”). Particular NFT Content and NFT Benefits are as described in the applicable NFT Terms.
Particular NFT Terms will also indicate whether you are purchasing and acquiring the NFT, or whether you are acquiring the NFT at no cost (e.g., as a gift, as a contest winner). Any payment made to SAL for directly purchasing NFTs is final and non-refundable, and you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services. All other payments made to SAL will be subject to SAL’s standard purchase and cancellation policies provided above.
YOU WAIVE AND HOLD SAL AND ANY SAL AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM YOUR PURCHASE OF NFT, OR ANY NFT CONTENT OR NFT BENEFITS ASSOCIATED THEREWITH.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR PURCHASE OF NFT, OR USE OF ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, ANY NFT BLOCKCHAIN OR NETWORK, OR ANY ELECTRONIC WALLET.
NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN UNDERLYING BLOCKCHAIN OR NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON DECENTRALIZED LEDGERS WITHIN THOSE NETWORKS. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS OR ANY OTHER ASPECT OF ANY NFT NETWORK.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFT NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFT NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
P. DIGITAL MILLENNIUM COPYRIGHT ACT
SAL respects the intellectual property rights of others, and expects users of the Service to do the same. SAL will respond to notices of alleged copyright infringement that comply with applicable law and are properly delivered to us. SAL reserves the right to remove content on the Service alleged to be infringing without prior notice and in its sole discretion. In appropriate circumstances, SAL will also terminate the account of a user determined to be a repeat infringer.
If you believe that your work has been copied or used via the Service in a way that constitute copyright infringement, you may notify SAL by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
[i] The copyright owner’s name (or company name), your full legal name, title, job position, and relationship to the copyright owner, and your full mailing address, telephone number, and email address.
[ii] A description of the copyrighted work that you claim has been infringed.
[iii] A description of the material on the Service that you claim is infringing (including a description of where such material is located [e.g., URL]).
[iv] A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent thereof, or the law.
[v] A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
[vi] An electronic or physical signature of the person authorized to act on the copyright owner’s behalf.
SAL’s Agent for notices of claims of copyright infringement occurring on the Service can be reached as follows:
DMCA Designated Agent
Steel American Luxury, LLC
c/o Ferdinand IP, LLC
450 Seventh Avenue, Suite 1300
New York, NY 10123
Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective. Please be aware that if you knowingly materially misrepresent that material, content, or activity on the Service infringes upon your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).
Q. DISCLAIMER OF WARRANTIES1. THE SERVICE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. SAL AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, THE “SAL DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
2. THE SAL DISCLAIMING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR PRODUCTS OFFERED THEREIN, ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAL DISCLAIMING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
4. THE SAL DISCLAIMING PARTIES DO NOT ENDORSE ANY CONTENT OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT.
5. NO STATEMENT OF THE SAL DISCLAIMING PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
R. LIMITATION OF LIABILITY
1. UNDER NO CIRCUMSTANCES WILL THE SAL DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ITS CONTENT, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICE, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS OFFERED THEREIN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAL DISCLAIMING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAL DISCLAIMING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SAL DISCLAIMING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. (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.) IN NO EVENT WILL THE SAL DISCLAIMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
2. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS OF ANY OF THE SAL DISCLAIMING PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE SAL DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE SAL DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE).
3. YOU AGREE THAT THE SAL DISCLAIMING PARTIES’ PRODUCTS AND SERVICES MAY CONTAIN, BE CONTAINED WITH, INCORPORATED INTO, ATTACHED TO, COMBINED WITH, USED WITH, OR PACKAGED TOGETHER WITH PRODUCTS MANUFACTURED OR PROVIDED BY A THIRD PARTY (“THIRD PARTY PRODUCTS”). YOU ACKNOWLEDGE THAT THE SAL DISCLAIMING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY PRODUCTS. THE SAL DISCLAIMING PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, RELATING TO SUCH THIRD PARTY PRODUCTS, OR RELATING TO THE USE OF SAL’S PRODUCTS WITH SUCH THIRD PARTY PRODUCTS.
4. IN NO EVENT SHALL THE SAL DISCLAIMING PARTIES’ LIABILITY TO YOU BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. (NOTE: 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.)
2. You will cooperate as fully required by SAL in the defense of any such claim. SAL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SAL.
1. For any dispute you have with SAL, you agree to first contact us at email@example.com and attempt to resolve the dispute informally.
4. SAL reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SAL.
U. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to the Service and/or your relationship with SAL must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
V. ADDITIONAL PROVISIONS
6. The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SAL to any registration requirement within such jurisdiction or country. SAL reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in their sole discretion, and to limit the quantities of any content, program, product, service or other feature provided within the Service.
7. SAL does not represent or warrant that the Service or any part thereof or any products offered through the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
8. Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
STEEL American Luxury - Owner NFT
- Within 4 weeks of your purchase of an eligible product, SAL will provide you with instructions for receiving your Owner NFT using the contact details you have provided at the time of purchase. By receiving an Owner NFT, you hereby accept these Terms and acknowledge that they are a binding contract between you and SAL.
- The purpose of the Owner NFT is to be a unique representation of your ownership of the corresponding SAL product. As a holder of an Owner NFT, SAL may provide you access to certain NFT Content and NFT Benefits that are subject to change over time, including modifications, additions to, and removal of NFT Content and NFT Benefits. Information about SAL’s current and future plans related to Owner NFTs may be found at: <https://steelamericanluxury.com/pages/terms-conditions>
- If you sell or otherwise transfer a product associated with an Owner NFT, please contact SAL for assistance with transferring or issuing an Owner NFT for the new owner.
- You acknowledge and agree that you have not purchased the Owner NFT from SAL, and that you have no expectation or irrevocable right to any particular NFT Benefit or NFT Content. Your purchase of an eligible product from SAL does not require that you receive or hold the Owner NFT. If you do not wish to accept all of these Terms, your option is to not take any action to receive the Owner NFT. If you currently hold the Owner NFT and no longer wish to be subject to all of these Terms, your option is to (i) burn, delete, transfer, or otherwise terminate your possession of the Owner NFT, or (ii) if you are unable to terminate your possession of the Owner NFT for any reason, permanently cease any access to or use of any NFT Content or NFT Benefit.