Terms of Service
TERMS OF SERVICE
EFFECTIVE DATE: 9/28/2020
OVERVIEW
This website is operated by ExtractCraft. Throughout the site, the terms "we", "us" and "our" refer to ExtractCraft. ExtractCraft offers this website, 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 site, interacting with us on other platforms (including, but not limited to, social media sites such as Facebook, Instagram and Twitter) and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or otherwise use any portion of our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 website or other use of our Service following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
YOU MAY NOT USE OUR SERVICES OR ANY INFORMATION YOU OBTAIN FROM US (WHETHER THROUGH OUR SITE, ANY OTHER SERVICE WE OFFER OR OTHERWISE) FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE; NOR MAY YOU, IN THE USE OF OUR SERVICES OR ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING, BUT NOT LIMITED TO, LAWS REGULATING CONTROLLED SUBSTANCES AND COPYRIGHT LAWS).
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent and certify to us that: (a) you are at least the age of majority in your state or province of residence; (b) you are legally able to enter into contracts; (c) you are not a person barred from receiving or using any portion of the Services (including any linked third-party account); (d) you are located in the United States; and (e) for linked third-party accounts, you are the authorized account-holder for such linked third-party account. Note, if you use a linked third-party account, ExtractCraft does not own or control such linked third-party accounts and ExtractCraft has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party account provider. For more information about third-party accounts and content, please see Section 9 below.
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 use of any and all portions of our Service.
SECTION 2 – IMPORTANT DISCLAIMERS
ANY INFORMATION AVAILABLE FROM US, WHETHER THROUGH OUR SERVICES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE CONTENT (AS DEFINED IN SECTION 10 BELOW) AND ANY COMMENTS (AS DEFINED IN SECTION 11 BELOW), IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.
WE DO NOT, THROUGH OUR SERVICES OR OTHERWISE, OFFER ANY MEDICAL ADVICE. WE DO NOT INTEND FOR YOU TO, AND YOU SHOULD NOT, RELY ON ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, TREATMENT OPTIONS OR OTHER MEDICAL RELATED ISSUES. NEVER DISREGARD, OR FOREGO, PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION YOU OBTAINED IN ANY WAY FROM US, WHETHER THROUGH OUR SERVICES OR OTHERWISE.
WE DO NOT, THROUGH OUR SERVICES OR OTHERWISE, OFFER ANY LEGAL ADVICE. OUR SERVICES DISCUSS AND PROVIDE INFORMATION ABOUT THINGS THAT MAY BE ILLEGAL WHERE YOU LIVE. WE DO NOT INTEND FOR YOU TO, AND YOU SHOULD NOT, RELY ON ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY AS A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE OR AS A REPRESENTATION, INDICATION OR OTHER SUGGESTION THAT YOUR ACCESS AND USE OF OUR SERVICES COMPLIES WITH ALL LAWS APPLICABLE TO YOU. ALWAYS SEEK THE ADVICE OF YOUR ATTORNEY OR OTHER QUALIFIED LEGAL PROFESSIONAL WITH LEGAL QUESTIONS, INCLUDING, BUT NOT LIMITED TO, ANY QUESTIONS YOU HAVE ABOUT WHETHER YOUR ACCESS TO OR USE OF OUR SERVICES COMPLIES WITH ALL LAWS APPLICABLE TO YOU. NEVER DISREGARD, OR FOREGO, PROFESSIONAL LEGAL ADVICE BECAUSE OF INFORMATION YOU OBTAIN IN ANY WAY FROM US, WHETHER THROUGH OUR SITE, OUR SERVICES OR OTHERWISE.
THE INFORMATION ON OUR SITE AND SERVICES MAY NOT COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS OR ADVERSE EFFECTS. IF YOU CHOOSE TO USE ANY INFORMATION YOU OBTAIN FROM US, WHETHER THROUGH OUR SERVICES OR OTHERWISE, FOR ANY THING OTHER THAN INFORMATIONAL OR ENTERTAINMENT PURPOSES, YOU DO SO AT YOUR OWN RISK.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY OTHERWISE SET FORTH IN THESE TERMS, OUR PRIVACY POLICY, OUR RULES OR ANY OTHER AGREEMENT BETWEEN YOU AND EXTRACTCRAFT.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service 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 Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available through any portion of our Service is not accurate, complete or current. The material we provide through our Service 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 provided through our Service is at your own risk.
Certain portions of our Service, including, but not limited to, this website, 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 our Service at any time, but we have no obligation to update any information available through any portion of our Service. You agree that it is your responsibility to monitor changes to our Service.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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 reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - 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 e-mail 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 Returns Policy.
SECTION 8 - 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 our Service 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) or other parts of our Service. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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.
Our Services allow you, or could in the future allow you, to share content through various platforms, website and mobile applications, including, but not limited to, Facebook and Twitter. You understand that ExtractCraft does not control what information gets published to those platforms, websites and mobile applications or who has access to that information. Those platforms, websites and mobile applications are managed by third parties and governed by the terms of use and privacy policies available from those platforms, websites and mobile applications.
Advertising may be presented to you when you use our Service. You consent to receiving such advertisements. You also acknowledge and agree that ExtractCraft is not responsible for any products or services provided by advertisers outside of ExtractCraft, its subsidiaries or its affiliated companies.
SECTION 10 – OWNERSHIP OF OUR SERVICE
All right, title and interest in and to Service, including, but not limited to, all of the software and code that comprise and operate the Service, and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Service (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Service is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of our website is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of our website.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark or other proprietary notices from the Content you download or print. The foregoing license is subject to these Terms of Service and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of any portion of the Service or Content, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through any portion of the Service. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on any portion of the Service except as expressly provided in these Terms of Service. Nothing in these Terms of Service shall be construed as transferring any right, title or interest in the Service, or the Content, to you or anyone else, except the limited license to use the Service, and its Content, on the terms expressly set forth herein.
Notwithstanding the foregoing, and specifically with regard to trademarks, the ExtractCraft names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Service, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of ExtractCraft and/or its affiliates (the “ExtractCraft Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Service are the property of their respective owners. You are not authorized to display or use the ExtractCraft Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company logos, service marks and/or trade dress of other owners featured within the Service without the prior written permission of such owners. The use or misuse of the ExtractCraft Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The Service may provide you with the ability to add, create, upload, submit, distribute, post or share content through the Service, including, but not limited to, certain specific submissions we request (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online (including, but not limited to, uploads to our social media feeds), 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 comments 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 of Service.
You agree that your comments 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store will only be used in confidence to execute purchases and order fulfillment, returns, warranty, and future customer notifications regarding the purchase, consumer safety, order fulfillment, returns, warranty, and occasional notifications about product information directly from ExtractCraft.
ExtractCraft may collect, use, and disclose your location, personal, and non-personal information. Please visit https://www.extractcraft.com/privacy-policy to see ExtractCraft’s complete Privacy Policy. That Privacy Policy may be updated from time to time, so please review it regularly. By opening and maintaining an account associated with our Service, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal, and non-personal information by ExtractCraft, its subsidiaries and its affiliated companies, including, but not limited to, sharing such information with companies other than ExtractCraft, its subsidiaries, and its affiliated companies. If you do not accept the terms of ExtractCraft’s Privacy Policy, or the specific Privacy Policy associated with a Service, please close your account and discontinue all use of our Service.
SECTION 13 - 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content or any other portion of our Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to provide, or attempt to provide, any medical, legal, financial or other professional advice, regardless of whether you are qualified, licensed or otherwise authorized to provide this type of advice; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (m) while you are located outside the United States. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service (or any portion thereof) for indefinite periods of time or cancel the Service (or any portion thereof) at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service 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.
In no case shall ExtractCraft, 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.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE ACCESSING OUR SERVICE (OR ANY PORTIONTHEREOF) FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE ANY PORTIONO OF OUR SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF OUR SERVICE (OR ANY PORTION THEREOF); AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE EXTRACTCRAFT AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR SERVICE (OR ANY PORTION THEREOF); AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST EXTRACTCRAFT FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF EXTRACTCRAFT AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ExtractCraft 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using all portions of our Service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 Service (or any part thereof).
SECTION 19 – DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Site or Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ExtractCraft with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ExtractCraft to locate the material;
- Information reasonably sufficient to permit ExtractCraft to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA claims may be sent to the following address:
ExtractCraft LLC., 105 South Sunset Street, Unit M, Longmont, CO 80501 USA
Or, please email us at info@extractcraft.com.
NOTE: YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION 19, YOUR DMCA NOTICE MAY NOT BE VALID.
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado. You agree to litigate exclusively in the state of federal courts in Denver County, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
SECTION 22 – LEGAL COMPLIANCE
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (b) you are not listed on any U.S. Government list of prohibited parties; and (c) you will not, at any time, access or otherwise use the Services from outside the United States. If you do access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation, to, in our sole discretion, monitor where our website and other online Services are accessed from, and the right, but not the obligation, to block or otherwise restrict access to our website and other online Services, in whole or in part, from any geographic location.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 (in whole or in part) following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@extractcraft.com.