Shop Now  Shop
Shop Now  Shop
Product Detail
Meet Our Customers
At Home
At Work
A&D / Trade
Dealer Program

Invest
For Customers
Accessories & Install
Newsroom
About Us
Community

Contact

VESTABOARD, INC. LEGAL POLICIES AND TERMS AND CONDITIONS

Updated January 1, 2022



Please read all of the terms and conditions ("Terms") from Vestaboard, Inc. (“Vestaboard”) carefully before submitting your order for any Vestaboard display or any accessory (each, a "Product"), or when accessing any of the Vestaboard Services, including our website in any way, or when subscribing for Vestaboard+.


By submitting your order for a Product, by accessing the Vestaboard Services or by subscribing to Vestaboard+, you agree to be legally bound by these Terms.


These Terms provide that all disputes related to these Terms will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.


Vestaboard, Inc. is located at 1777 Yosemite Avenue Suite 220, San Francisco, CA, USA. You may contact us by sending correspondence to that address or by emailing us at support@vestaboard.com.





SECTION 1 - ONLINE ORDERS AND PURCHASES


  1. Vestaboard Services. Using a Vestaboard display requires an active Internet connection and a user account for Vestaboard Services. Use of the Vestaboard Services is subject to the Terms governing Access to Vestaboard Services, including our website. Subscribing to Vestaboard+ is optional and is subject to the Terms governing Subscription to Vestaboard+.
  2. Order and acceptance. Each order you submit for a Product constitutes an offer to purchase that Product. Orders are subject to Vestaboard’s acceptance and may be rejected at any time and for any reason at Vestaboard’s discretion. If Vestaboard rejects your offer, Vestaboard will, as your sole and exclusive remedy and Vestaboard’s sole and exclusive liability, refund the amounts you paid. Once your Products are ready to ship, Vestaboard will send you an email to the address provided by you to indicate your order has been accepted and you will be required to pay any outstanding fees for shipment or taxes, if any. 
  3. Failure to provide shipping information. Depending on what you order you may or may not be required to submit your shipping address at the time you place your order. If you do not provide confirmation of any required shipping information within 30 days of Vestaboard’s request, Vestaboard may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Vestaboard will make reasonable efforts to contact you to provide a refund after that 30 day period, but if Vestaboard does not receive a response from you within 90 days of Vestaboard’s confirmation of your order, or if Vestaboard is not able to process your refund after that 30 day period for any reason, then Vestaboard will treat the amount that you paid as unclaimed property in accordance with applicable law.
  4. Eligibility. You must be at least 18 years old to offer to purchase a Product or otherwise agree to these Terms. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  5. Payment. In order for your offer to be eligible for Vestaboard’s acceptance, you must pay the amount for the Product elected by you as set forth on the Vestaboard website by credit card, or any other payment method designated on our website. Payment of a deposit or the full amount does not guarantee acceptance of your order.
  6. Financed Purchases. If you finance the purchase of your Products, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. 
  7. Specifications; refunds prior to shipment. Products, especially the Vestaboard display, may have limited quantities and are subject to return or exchange only according to our Return Policy, or cancellation prior to your order being accepted by us. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We want you to be totally happy with any Product, but please be aware that the specifications for the Products may change prior to shipping as compared to what is shown on our website. If you request a refund at any time before we accept your order, you must use our refund request form available online and we will process it no later than 45 days following submission of your request, and we will refund the full amount you paid as a deposit (or in full if paid in full). Once we have accepted your offer to purchase, the policy in the immediately preceding sentence no longer applies. Instead, Vestaboard’s Return Policy and Limited Warranty will apply if you are dissatisfied with the specifications of the Product when shipped.
  8. Shipping and Delay. We have estimated our shipping to be the time period of shipment referenced on our website at the time you have purchased the Product, which may be expressed as an amount of time (eg. weeks or months), or by a specific month or in some cases by season or other time reference (for example “Winter”), especially for the Vestaboard display. The actual date of shipping will depend on a variety of factors including the unprecedented nature of COVID-19, our manufacturing schedule, the date of your order, your completed payment of shipping and taxes, and when we accept your completed order. You will be required to pay all shipping charges for the location of the address you provide at the time of delivery. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction.
  9. Taxes. Sales tax, import duties and international taxes for your region or country will either (a) be applied to the price of the goods as displayed on the website and prepaid by you; or (b) specified as your responsibility at the time of your offer to purchase for your destination country. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your order. If you have already placed an order and discovered that such taxes make your order untenable for you, please contact support@vestaboard.com to rescind your order prior to shipment, and we will refund the amount you paid in connection with your order.
  10. Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Vestaboard ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations.  You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (ii) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Vestaboard harmless against all claims, damages, or liability resulting from breach of the foregoing.
  11. Use of the Product; Vestaboard Services. You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. You may request information about the Product from Vestaboard to assist you in making your determination, but Vestaboard will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not offer to purchase the Product. If you rescind your offer prior to our acceptance of it, we will refund you the full amount you paid in connection with your offer. You must also use the Product in strict accordance with the documentation provided together with the Product. If you violate the Terms, you may not be able to use the Product or certain features of the Vestaboard Product. Vestaboard will not be liable for your inability to use the Product, and your sole and exclusive remedy will be to request a refund if allowed by the Vestaboard Return Policy.
  12. Intellectual Property. Vestaboard and its licensors own all intellectual property rights in the Products. If Vestaboard accepts your order for a Product, you will acquire no interest or rights in Vestaboard’s intellectual property, and your use of the Product will be subject to these Terms and other additional license terms and restrictions that will be provided together with the Product. Vestaboard reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms. Delivery of any Products to you shall not constitute or be construed by you as a grant of any expressed or implied license or any other right to use, for any purpose, our Patents, Trademarks, Copyrights, or other intellectual property. You shall not, with respect to any design or intellectual property delivered, directly or indirectly, apply or submit to the U.S. Patent and Trademark Office or any other national or international patent or trademark office, for any property right protection for intellectual property supplied by us, or take any action inconsistent with our intellectual property rights in the Products. You shall not perform or allow others to perform de-compilation, disassembly, or reverse engineering of any Product(s) hardware or software, delivered. The design, manufacture, assembly, know-how, trade secrets or any other intellectual property associated with the Product, hardware or software, shall remain the sole property of Vestaboard.
  13. Limited Warranty and Disclaimer. By placing your order you acknowledge and agree that you have reviewed the Vestaboard limited warranty for the Product you offered to purchase, and that you accept that limited warranty. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY VESTABOARD’S LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND VESTABOARD HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VESTABOARD DOES NOT WARRANT THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. VESTABOARD DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
  14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL VESTABOARD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF VESTABOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of Vestaboard and its affiliates and suppliers to you for all claims arising out of or related to these Terms or your use or inability to use a Product will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid to Vestaboard for that Product. These limitations will apply even if the above stated remedy fails of its essential purpose. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties.
  15. Indemnity. You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless Vestaboard and its officers, directors, employees, agents, affiliates, and suppliers ("Indemnities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  16. Force Majeure. If Vestaboard accepts your offer to purchase a Product, Vestaboard will not be liable to you for any delay, including any delay due to an event beyond Vestaboard’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Vestaboard’s control.
  17. Privacy. We describe all policies related to our collection and use of data in our Privacy Policy, which is incorporated by reference.
  18. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your order to remain valid or for you to maintain access to any Vestaboard Services. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  19. Consent to Electronic Communications. By submitting your order, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.





SECTION 2 - SHIPPING POLICY


  1. Shipment Timing. Your Product will be made and shipped for the period of delivery specified at the time you place your offer to purchase, recognizing that the shipment timing may change.
  2. Shipping Costs. Shipping costs are calculated during checkout typically based on weight, dimensions and destination of the items ordered but may also be a fixed charge. Payment for shipping will be collected at the time you place your offer to purchase. This will be your final shipping cost unless you change your ship to address prior to delivery or a reshipment becomes necessary due to failed delivery.
  3. Returns. Vestaboard has a 30-day return policy, which means you have 30 days after receiving your item to request a return and obtain a refund. To be eligible for a return, your order must be returned to us in the same condition as received, with all labels still applied, and in its original packaging. You’ll also need the receipt or proof of purchase. Learn more about our Return Policy here.
  4. Delivery Terms
    1. Transit Time Domestically. In general, domestic shipments are in transit for 2-7 days once we have received your Product in our 3rd party logistics facility but not from the date we receive your order.  Note that your actual delivery period is based on the time period specified at the time you place your order.
    2. Transit Time Internationally. Generally, orders shipped internationally are in transit for 4-22 days once we have received your Product in our 3rd party logistics facility.  Note that your actual delivery period is based on the time period specified at the time you place your offer to purchase.
  5. Dispatch Time. Orders are made and dispatched ahead of the time period for delivery specified at the time of your offer to purchase and pending our manufacturing schedule.
  6. Change Of Delivery Address. For change of delivery address requests, we are able to accommodate change of address requests any time before the order has been dispatched. However a change of address may require additional shipping costs to be paid.
  7. P.O. Box and Military Address Shipping. Vestaboard is unable to ship to P.O. box addresses or military addresses.
  8. Items Out Of Stock. If an item is out of stock, we will dispatch the in-stock item(s) immediately and send the remaining item(s) once ready for delivery.
  9. Delivery Time Exceeded. If delivery time has exceeded the forecasted arrival time and we have not contacted you, please contact us so we can conduct an investigation.
  10. Delivery Reshipments. Should you be unable to receive delivery for any reason resulting in your order being returned to our partner warehouse after multiple delivery attempts, a $99 re-shipping fee will be applied to send your Vestaboard a second time.
  11. Tracking Notifications. Upon dispatch, customers will receive a tracking link to follow the progress of their shipment based on the latest updates made available by the shipping provider.
  12. Parcels Damaged In Transit. If you find a parcel is damaged in transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service for next steps.
  13. Duties & Taxes. Sales tax, import duties and international taxes for your region or country will either (a)  be applied to the price of the goods as displayed on the website and prepaid by you; or (b) specified as your responsibility at the time of your offer to purchase for your destination country.
  14. Cancellations. We are able to accept cancellations at any time before the order has been accepted and dispatched in accordance with our Terms. If an order has already been dispatched, please refer to our Return Policy.
  15. Insurance. Parcels are insured for loss and damage up to the value as stated by the courier. We will process a refund or replacement after the courier has completed their investigation into the claim if damaged in transit. We will process a refund or replacement after the courier has conducted an investigation and deemed the parcel lost.
  16. Customer service. For all customer service enquiries, please submit an enquiry at vestaboard.com/help or contact us at support@vestaboard.com.





SECTION 3 - RETURN POLICY


  1. 30 day return policy. Vestaboard has a 30-day return policy for its Products which means you have 30 days after receiving a Product to request a return. To be eligible for a return, your Product must be returned to us in the same condition as received, with all labels still applied, and in its original packaging. You'll also need the receipt or proof of purchase.  Our return policy is different for Vestaboard+ as described further in these Terms.
  2. Process for returns. To start a return, visit vestaboard.com/returns. If your return is accepted, we'll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
  3. Damages and issues. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
  4. Refunds for returns. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. Vestaboard will refund the value of the goods returned but will NOT refund the value of any shipping paid. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.





SECTION 4 - LIMITED WARRANTY


  1. Time period. Vestaboard warrants the components and all original parts of the Vestaboard against defects in workmanship and materials for a period of 24 months from the date of physical delivery to you (not from activation of the Vestaboard display). Vestaboard is not warranted against normal wear and tear or cosmetic degradation and it is important that you maintain the Vestaboard according to our recommended care instructions. Please refer to Vestaboard’s guide on maintaining your Vestaboard located at vestaboard.com/help.
  2. Warranty is limited by use and type of organization. Vestaboard extends the Limited Warranty to use cases at home or in small businesses or organizations (defined as organizations or businesses with 50 employees or fewer). If you require additional information about warranty or service contracts, or if you are representing a larger organization than covered here, or for any other type of use case, please contact us. Any other use of the Vestaboard shall void this Limited Warranty. During the applicable Limited Warranty period, the covered components of the Vestaboard will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.
  3. Warranty is limited to the original purchaser. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Vestaboard remains in the possession of the original purchaser, or, for a gifted Vestaboard, the owner of the original digital account attached to that Vestaboard.
  4. Installation by us. For a Vestaboard originally installed by an authorized Vestaboard technician, Vestaboard will cover the labor cost for the repair or replacement made under this Limited Warranty for a period of 24 months from the date of original delivery. Except where applicable law requires otherwise, installation or repair labor is not covered for locations where Vestaboard did not originally install the Vestaboard or if the Vestaboard is moved to a location that is outside of Vestaboard's service area.
  5. Exclusions and Limitations
    1. Who and what is covered: The original owner of the Vestaboard is the only person who may claim the benefit of the Limited Warranty. The Vestaboard must remain in the possession of the original purchaser, or, for a gifted Vestaboard the owner of the original digital account attached to that Vestaboard. This Limited Warranty is not transferable. If a defect arises in the Vestaboard or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Vestaboard to, at Vestaboard’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Vestaboard or component with the same or a comparable model. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
    2. What is NOT covered: The following claims for warranty are NOT covered:  (i) Any other Vestaboard products or services, non-Vestaboard products or labor, units that are, or that Vestaboard reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside a jurisdiction in which Vestaboard was selling at the time of purchase, and units missing serial numbers; (ii) Software, even if sold with or embedded in the Vestaboard, or Internet connectivity. Vestaboard does not warrant that the operation of the Vestaboard will be uninterrupted or error-free; (iii) Damage or component failure due to normal wear and tear, improper or negligent handling, maintenance, installation, relocation, or repair (other than that caused by a Vestaboard authorized service technician), use of the Vestaboard with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Vestaboard, or any use contrary to the instructions at vestaboard.com/help; (iv) Damage or equipment failure due to any kind of accident, physical interference by children or animals, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by Vestaboard.
  6. Incidental or consequential damages. Vestaboard is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. Vestaboard does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to advertising fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation.
  7. Moving or repairing the Vestaboard on your own. Any attempt to move or repair Vestaboard creates a risk of injury and property damage. Vestaboard is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than a Vestaboard authorized service technician. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and Vestaboard shall have no liability for any injury to person or property arising from such attempted moves or repairs. In addition, labor will no longer be covered if you move outside of Vestaboard's service area.
  8. Reconditioned parts. Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Vestaboard or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
  9. Extended Warranty Service or Maintenance. Extended warranty coverage and maintenance agreements may be available for purchase. For more information, please contact support@vestaboard.com
  10. How to Obtain a Warranty Service. To be eligible for service under this Limited Warranty you must contact the Vestaboard Support team at support@vestaboard.com. You will be asked to provide Vestaboard with the serial number of your Vestaboard and the dated receipt, or other proof of purchase indicating the date purchased, upon discovering any nonconformity or defect. Claims must be made within the specified warranty period.
  11. Disputes. Any disputes between you and Vestaboard related to this Limited Warranty or the Vestaboard will be governed by the then-current dispute resolution procedures in the Terms.
  12. Exclusive Warranty. This limited warranty is the exclusive warranty given by Vestaboard and supersedes any prior, contrary or additional representations. All other warranties, express or implied, including any statutory warranty or condition of merchantability or fitness for a particular purpose, are disclaimed except to the extent prohibited by law. In such event, such warranty is limited to the duration of the warranty period set forth above. This exclusion applies even if this warranty fails of its essential purposes and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction.





SECTION 5 - ACCESS TO VESTABOARD SERVICES, INCLUDING OUR WEBSITE 


  1. Your use of Vestaboard Services are contingent on these Terms. This website, as well as the mobile applications, web applications and services and our API operated by Vestaboard, are collectively referred to as the Vestaboard Services. Vestaboard offers the Vestaboard Services, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our website, using any of the Vestaboard Services, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all uses of the Vestaboard Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and Plus Membership Holders of Vestaboard+, including users who you may add as additional users as part of the Vestaboard Services. If you do not agree to all the terms and conditions contained in these Terms, then you may not access or use the Vestaboard Services.
  2. New features are covered by these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Vestaboard Services following the posting of any changes constitutes acceptance of those changes.
  3. Third party services. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell the Products and Services to you. We also rely on other third party services to provide the Vestaboard Services.
  4. Legal and non-harmful uses only. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  5. Refusal of Services. We reserve the right to refuse to provide Vestaboard Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Vestaboard Services, use of the Vestaboard Services, or access to the Vestaboard Services or any contact on the website through which the service is provided, without express written permission by us.
  6. Accuracy, Completeness and Timeliness of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  7. Modifications to the Services and Prices. Prices and descriptions for our Products and the Vestaboard Services are subject to change without notice at our sole discretion. We reserve the right at any time to modify or discontinue the Vestaboard Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Vestaboard Services. We reserve the right, but are not obligated, to limit the sales of the Products or Vestaboard Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 
  8. Accuracy of billing and account information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
  9. Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
  10. Third party materials. Certain content, products and services available via the Vestaboard Services may include materials from third-parties. Third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  11. Submission of materials. If, at our request, you send certain specific submissions (for example contest entries or media material) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  12. User Content. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Vestaboard Services; and (ii) ”User Content” means any content that users (including you) provide to be made available through the Vestaboard Services. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Vestaboard Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Vestaboard Services. As between you and Vestaboard, you represent that you own (or have all rights necessary to grant Vestaboard the rights below to) all User Content that you submit to the Vestaboard Service, and that Vestaboard will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Vestaboard a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights'' or rights of privacy or publicity in your User Content. You further grant all users of the Vestaboard Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Vestaboard or through the Vestaboard Service about improving or adding new features or products to the Vestaboard Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Vestaboard a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Vestaboard Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
  13. Comments or other content in the Services. You agree that your comments or any content you submit when using the Services will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or actions taken on our website, including the purchase of Products. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  14. Prohibited Uses and Vestaboard’s Enforcement Rights. You agree not to do any of the following:
    1. Post, upload, publish, submit or transmit any User Content or engage in any activity that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances.
    2. Download and/or install any third party software and/or application on any Vestaboard hardware (excluding assistive technologies that are necessary for your own use of the Vestaboard Services, such as screen-readers) that is not expressly permitted by Vestaboard in writing;
    3. Use, display, mirror or frame the Vestaboard Services or any individual element within the Vestaboard Services, Vestaboard’s name, any Vestaboard trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Vestaboard’s express written consent;
    4. Access, tamper with, or use non-public areas of the Vestaboard Services, Vestaboard’s computer systems, or the technical delivery systems of Vestaboard’s providers;
    5. Attempt to probe, scan or test the vulnerability of any Vestaboard system or network or breach any security or authentication measures;
    6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vestaboard or any of Vestaboard’s providers or any other third party (including another user) to protect the Vestaboard Services or Content;
    7. Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Vestaboard Services;
    8. Attempt to access, scrape or search the Vestaboard Services or Content or download Content from the Vestaboard Services, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Vestaboard or other generally available third-party web browsers;
    9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    10. Use any meta tags or other hidden text or metadata utilizing a Vestaboard trademark, logo URL or product name without Vestaboard’s express written consent; Use the Vestaboard Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Vestaboard;
    11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Vestaboard Services or Content to send altered, deceptive or false source-identifying information;
    12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Vestaboard Services or Content;
    13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Vestaboard Services;
    14. Collect or store any personally identifiable information from the Vestaboard Services from other users of the Vestaboard Services without their express permission;
    15. Copy, use, index, disclose or distribute any information or data obtained from the Vestaboard Services, whether directly or through third parties (such as search engines), without Vestaboard’s express written consent;
    16. Alter, replicate, store, distribute or create derivatives from the Content available via the Vestaboard Services except as expressly permitted in writing by Vestaboard;
    17. Impersonate or misrepresent your affiliation with any person or entity;
    18. Access, use or exploit the Vestaboard Services in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with Vestaboard or the Vestaboard Services;
    19. Violate any applicable law or regulation; or
    20. Encourage or enable any other individual to do any of the foregoing.

    Although we're not obligated to monitor access to or use of the Vestaboard Services or Content, or to review or edit any User Content, we have the right to do so for the purpose of operating the Vestaboard Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Vestaboard Services and Vestaboard’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Vestaboard Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to terminate your use of the Vestaboard Services or any related website or service for violating any of the prohibited uses.
     
  15. Personal information. Your submission of personal information through the Vestaboard Services is governed by these Terms and our Privacy Policy.
  16. Errors, inaccuracies and omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Vestaboard Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Vestaboard Services or on any related website, should be taken to indicate that all information in the Vestaboard Services or on any related website has been modified or updated.
  17. Disclaimer of Warranties. We do not guarantee, represent or warrant that your use of the Vestaboard Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Vestaboard Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Vestaboard Services is at your sole risk. The Vestaboard Services and all products and services delivered to you through the Vestaboard Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. If you purchased a Vestaboard display, please see our Limited Warranty in these Terms.





SECTION 6 - SUBSCRIPTION TO VESTABOARD+


  1. Plus Membership Meanings. By purchasing or using our paid subscription service Vestaboard+, you agree to the following terms and conditions, which form part of the Terms. A “Plus Member” is any individual who has a Vestaboard account for personal, non-commercial use. A “Plus Membership Holder” is any Plus Member who activates and pays the subscription fees for Vestaboard+. A “Plus Membership” is your subscription to Vestaboard+ for a single Vestaboard display.
  2. What Plus Membership Provides. A Plus Membership provides you with access to Vestaboard+, which features additional ways to use your Vestaboard display outside of what is provided by the free mobile app or web services. These additional services include Content from us and other third party sources, integrations with third party applications, and User Content which is also governed by other parts of these Terms.  A Plus Membership can only be purchased from Vestaboard or third parties authorized by Vestaboard. As a Plus Membership Holder, you may control one or more Plus Memberships as they relate to additional Vestaboard displays. We may impose restrictions on the maximum number of users per Vestaboard display or the maximum Plus Memberships permitted for any Membership Holder. The Plus Membership Holder is responsible for all activity under their Plus Membership.
  3. Billing Cycles and Auto-Renewal. A Plus Membership recurs on a yearly basis until it is canceled in accordance with these Terms. Billing occurs at the beginning of the Plus Membership cycle and provides access for one year thereafter or, in the case of a multiple year purchase pursuant to a promotion, at the end of the years covered. By purchasing a Plus Membership, you acknowledge that your Plus Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Plus Membership by you or Vestaboard. To change your Plus Membership, contact Vestaboard Support at support@vestaboard.com
  4. Prepaid Periods. You may be given the opportunity to prepay for a period of one or more year of your Plus Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Plus Membership will automatically continue on a year-to year basis at the then-existing non-promotional price for your Plus Membership.
  5. Promotional Offers. Vestaboard may offer additional promotions or discounts related to Plus Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Plus Membership and will be charged in accordance with these Terms.
  6. Account Registration. You register for Vestaboard Services by successfully completing a Vestaboard purchase of Products, or by creating an account on the Vestaboard Site, a Vestaboard App, or a Vestaboard Product, or by subscribing for Vestaboard+, as further described in these Terms. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page inside the mobile app. Vestaboard’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
  7. Cancellation of Membership. If you terminate your Plus Membership within ten (10) days of any initial order for Plus Membership or any automatic renewal period (each referred to as a Grace Period), we will refund any fees paid from your initial order or renewal as applicable. If you terminate your Plus Membership after the expiry of the Grace period, you may use your Plus Membership until the end of the then-current period and your Plus Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Plus Membership fee paid for the then-current Membership period.
  8. Suspension/Termination by Vestaboard. Vestaboard may immediately terminate or suspend your account, and all or a portion of your Plus Membership, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Terms or any other Vestaboard rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Vestaboard employees, agents, or other Vestaboard users, including, for example, making threats to physically harm or damage property.
  9. Unauthorized commercial use. In the event that Vestaboard determines, in its sole discretion, that your Plus Membership is for unauthorized commercial use, Vestaboard reserves the right either (i) to terminate or suspend your Plus Membership at any time by writing to you at the email address associated with your Plus Membership; or (ii) to require you to convert your Plus Membership to a commercial subscription subject to Vestaboard’s commercial terms of service.
  10. Deletion of data on termination. If we terminate or suspend your Plus Membership, your license to use any software or content provided in connection with the Plus Membership is also terminated or suspended (as applicable). If your Plus Membership is terminated, Vestaboard has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Plus Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
  11. Payment and amount to be charged. Plus Membership Holders agree to pay the annual fee specified when you purchased your Plus Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Plus Membership reaffirms that we are authorized to charge you for that Plus Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
  12. Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis in line with your Plus Membership cycle, in advance, for your Plus Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Plus Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Plus Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Vestaboard, nor any Vestaboard agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Plus Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
  13. Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
  14. Financed Purchases. If you finance the purchase of your Plus Membership, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. Vestaboard may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Plus Membership Terms.
  15. Bill Inquiries and Refunds. If you believe you have been billed in error for a Membership, please notify us by emailing support@vestaboard.com and provide grounds for error. Note that missing the Grace Period to cancel your Plus Membership is not grounds for error.




SECTION 7 - PRIVACY POLICY


This Privacy Policy describes how your personal information is collected, used, and shared when you visit vestaboard.com (the “Site”), or if you place an offer to order our Products, or if you use any of our Vestaboard Services.


  1. Personal information we collect.
    1. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
    2. We collect Device Information using the following technologies: (i) “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org (ii) “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. (iii) “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
    3. Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.
    4. Finally, we collect information from social media users such as public uploads and posts, including publicly posted photographs. With such assets, we process name, social media username, physical address (if available), email-address (if available), IP address, and geo location (if available).
  2. What Personal Information means. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information, Order Information and information collected from social media users.
  3. How we use information. We use information such as your username or email address from Social Media Users that use Vestaboard hashtags and/or @Vestaboard mentions or Vestaboard-branded location tags that you have included in your social media posts to communicate with you or to use your content for our marketing purposes. Such data is used with your consent only. We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: (i) Communicate with you; (ii) Screen our orders for potential risk or fraud; and (iii) provide you with information or advertising relating to our products or services.
  4. Device information. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We use information such as your username or email address from social media users that use Vestaboard hashtags and/or @Vestaboard mentions or Vestaboard-branded location tags that you have included in your social media posts to communicate with you or to use your content for our marketing purposes. Such data is used with your consent only.
  5. Sharing your personal Information. We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store. -- you can read more about how Shopify uses your Personal Information here. We also use analytics platforms such as Google Analytics to help us understand how our customers use the Site. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  6. Behavioral advertising. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here. You can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
  7. Do not track. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
  8. Your rights. If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
  9. Data retention. When you place an order through the Vestaboard Services, we will maintain your Order Information for our records unless and until you ask us to delete this information.  We will also retain data related to the use of the Vestaboard Services.
  10. Changes. We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
  11. Minors. The Vestaboard Services are not intended for individuals under the age of 18.
  12. Contacting us. For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at support@vestaboard.com or by mail using the details provided below:
Vestaboard
Attn: Legal Officer
1777 Yosemite Avenue
Suite 220
San Francisco, CA 94124
United States
 




SECTION 8 - GOVERNING LAW, ADDITIONAL TERMS AND ARBITRATION


  1. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
  2. Entire Agreement. These Terms and any policies or operating rules posted by us on this site or in respect to the Vestaboard Products or Services constitutes the entire agreement and understanding between you and us and govern your use of the Vestaboard Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
  3. Changes to the Terms. You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
  4. Limitation of liability. In no case shall Vestaboard, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  5. Indemnification. You agree to indemnify, defend and hold harmless Vestaboard and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  6. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
  7. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  8. Arbitration Generally. In the interest of resolving disputes between you and Vestaboard in the most expedient and cost effective manner, you and Vestaboard agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VESTABOARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  9. Exceptions. Despite the provisions of this Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  10. Arbitrator. Any arbitration between you and Vestaboard will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Vestaboard.
  11. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Vestaboard’s address for Notice is: Vestaboard, Inc., 1777 Yosemite Avenue Suite 220, San Francisco CA 94124, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Vestaboard may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Vestaboard must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Vestaboard will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Vestaboard in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
  12. Fees. If you commence arbitration in accordance with these Terms, Vestaboard will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Mateo County, California, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Vestaboard for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  13. No Class Actions. YOU AND VESTABOARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vestaboard agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  14. Modifications to this Arbitration Provision. If Vestaboard makes any future change to this arbitration provision, other than a change to Vestaboard’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Vestaboard’s address for Notice, in which case your account with Vestaboard will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  15. General. These Terms, together with the Privacy Policy and all other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Vestaboard regarding your offer to purchase a Product, your access to any of the the Vestaboard Services, your subscription to Vestaboard+ and the other matters described in these Terms. These Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.