Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THE “SITE” OR USING ANY PART OF THE SITE OR “SERVICE” (BOTH AS DEFINED BELOW). BY CLICKING "I ACCEPT," “CONTINUE,” OR ANY CHECK BOX WHEREIN YOU REPRESENT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE, AT ANY TIME WHILE ACCESSING THE AUSTER SITE, YOU (THE “USER”) AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT CLICK “I ACCEPT” AT ANY TIME AND DO NOT CONTINUE USE OF THE SITE.

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of the Auster website (austerbags.com and/or auster.com) (“the Site”) and the services available at the Site (taken together, “the Service”). The Service is owned and operated by Auster Corp. (“Auster”), a corporation registered with the New York State Department of State, DOS ID #: 4564951. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Auster (collectively, the “Terms of Use”).

CHANGES

Auster reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

REGISTRATION

As a condition to using the Service, you may be required to enter personal information, including your name and/or email address (“Personal Info”). Your Personal Info cannot be changed, so please enter that information carefully. You expressly represent that you will provide Auster with accurate, complete and updated information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You must ensure that your account with Auster contains (at all times) a valid email address. In addition, you shall not:

  1. Select or use as a name or email address of another person with the intent to impersonate that person;

  2. Use as a name or email address subject to any rights of a person other than you without appropriate authorization; or

  3. Use as a name or email address that is otherwise offensive, vulgar or obscene.

Auster reserves the right to refuse registration of, or cancel, an order in its sole discretion based on violations of these Terms of Use. You are solely responsible for activity that occurs on your account. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party. You will immediately notify Auster in writing of any unauthorized use of your account or other account- related security breach of which you are reasonably aware.

You shall only have one (1) account with the Service (which, for clarity, means that you will not register (or attempt to register) for more than one (1) account).

FEES; PAYMENT; RETURN POLICY

Certain products offered by (or on behalf of) Auster through the Site will require payment by you (“Products”). You expressly agree to pay all applicable fees, as described on the Site, in connection with the Products selected by you, and according to the payment terms expressed for the Products on the Site. All fees are in U.S. dollars, unless stated otherwise by Auster on the Site. All fees are payable upon demand by Visa, Mastercard, Amex, Discover, and JCB. Auster reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.

Purchases are subject to Auster’s Shipping and Returns Policy, which states in part that all returns of unused product with tags attached must be done within seven (7) days of receiving the shipment. It is up to Auster, in its sole discretion, if the product looks unused. If it is deemed that the product is unused, Auster will issue a refund to the payment method the customer used. Auster does not offer store credit at this time.

PRIVACY

Auster endeavors to protect user information to ensure that user account information is kept private, however, Auster cannot guarantee the security of user account information. Please review the Squarespace Privacy Policy, which governs Auster storage of Personal Info, which can be found here: http://www.squarespace.com/privacy/. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

RULES AND CONDUCT

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Auster. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or, (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;

  2. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

  3. Imposes an unreasonable of disproportionately large load on Auster’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;

  4. 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 or other information of Auster or any third party; or

  5. Harvests or collects any information from the Site; or

  6. Impersonates any person or entity, including any employee or representative of Auster.

Auster may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly to any provision of this section in Auster’s sole discretion.

THIRD PARTY SITES

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Auster’s control, and you acknowledge that Auster is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Auster or any association with its operators.

PROPRIETARY RIGHTS

You agree that all content and materials delivered via the Service or otherwise made available by Auster on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You expressly agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content on this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Auster is strictly prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Auster. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is strictly prohibited. Any rights not expressly granted herein are reserved.

TERMINATION

Auster may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

NO WARRANTIES

The Service (including, without limitation, all content and products available through the Service) is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Auster, and its directors, employees, agents, suppliers, partners and content providers do not warrant that:

  1. The service will be secure or available at any particular time or location;

  2. Any defects or errors will be corrected;

  3. Any content or software available at or through the service is free of viruses or other harmful components; or

  4. The results of using the service will meet your requirements.

Some states do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

In no event shall Auster, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Service (including, without limitation, with respect to any content or Products available through the Service) for any:

  1. Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, whether or not foreseeable;

  2. The cost of procurement of substitute goods or services; or

  3. Bugs, viruses, trojan horses, or the like (regardless of the source of origination); or

  4. For claims related to Products purchased from the Site, direct damages in excess of the purchase price of the Products).

Some states do not allow the exclusion or limitation of incidental or consequential damages, or for bodily injury, so the above limitations and exclusions may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Auster, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service.

INTERNATIONAL USE

Auster makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

DISPUTE RESOLUTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Auster agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed exclusively in the state or federal courts located in New York, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and Auster with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Auster with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Auster’s prior written consent. Auster may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, these Terms of Use and all Content provided by Auster are copyright © 2014 Auster Corp. All rights reserved.

“Auster” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Auster, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

CONTACT

You may contact Auster at: info@austerbags.com