Terms of Use

Terms of Use

These Terms of Use are effective as of February 22, 2017.

Welcome to the Slate Collection™ brand website, slatecollection.com (the “Site”). These Terms of Use are between you and ACCO Brands Corporation dba Slate Collection (“Slate Collection”, “we” or “us”).  These Terms of Use apply to the Site, including any mobile counterpart, and set forth the terms and conditions upon which Slate Collection makes available the Site and its contents, products and services to you. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING OR BROWSING THE SITE, OR BY EXPRESSLY INDICATING YOUR ASSENT TO THESE TERMS OF USE (SUCH AS BY CLICKING AN “I AGREE” OR “ACCEPT” BUTTON), YOU ACKNOWLEDGE THAT YOU HAVE READ THE MOST RECENT VERSION OF THE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

Users are also bound by the copyright notice and all applicable laws and regulations.

We may amend these Terms of Use at any time by posting a revised version on the Site. Please review these Terms of Use regularly to see if they have been updated. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change (as defined below), we may provide you with thirty (30) days' prior notice of any Substantial Change by posting notice on the home page of the Site.  Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to such revised version of the Terms of Use when you sign into your account.  "Substantial Change" means a change to the terms of these Terms of Use that reduces your rights or increases your responsibilities.

This is an important document that you must consider carefully when choosing whether to use the Site. Please be advised: These Terms of Use contain provisions that govern how claims you and Slate Collection have against each other are resolved (see the “Disputes with Slate Collection” section below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to confidential, binding and final arbitration. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Table of Contents

  1. Privacy Policy
  2. Additional Terms and Policies
  3. License
  4. Products
  5. Pricing
  6. Orders
  7. Payment
  8. Shipping
  9. Product Warranty and Disclaimer
  10. Additional Disclaimers
  11. Limitation of Liability
  12. Links to Other Sites
  13. Electronic Communications
  14. Trademarks
  15. Copyright
  16. Digital Millennium Copyright Act Notice
  17. Accounts
  18. Reviews, Comments, Communications and Other Content
  19. Disputes with Slate Collection
  20. Indemnity
  21. Severability
  22. Waiver
  23. Entire Agreement
  24. Interpretation
  25. Contact Us
  1. Privacy Policy

Slate Collection’s use of your information is governed by our Privacy Policy, which is incorporated into these Terms of Use. 

  1. Additional Terms and Policies

Additional terms, policies and guidelines may apply to certain content, features, products and services available on the Site. These terms, policies and guidelines include, without limitation, our guidelines concerning product warranties, refunds, orders and shipping, which may appear in the form of Frequently Asked Questions. These policies also govern your use of the Site and are incorporated into these Terms of Use. We reserve the right to make changes to these terms, policies and guidelines at any time.

  1. License

The materials displayed on the Site, including, but not limited to, all written material, photographs, illustrations, artwork and other graphic material, and names, logos, trademarks and service marks, are the property of Slate Collection or its licensors and are protected by United States and/or international copyright, trademark and other intellectual property laws. Conditioned upon your acceptance of these Terms of Use, Slate Collection grants you a limited, revocable, non-exclusive license to access and use the Site solely for your non-commercial personal use and for no other purpose. You agree not to download (other than page caching), retransmit, disseminate, reproduce, distribute, store, modify, sell, publish, broadcast or otherwise use the Site, or any portion of the Site, except with express written consent of Slate Collection. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any Product listings, descriptions or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without the express written consent of Slate Collection. Any unauthorized use terminates the permission or license granted by Slate Collection. You are granted a limited, revocable, non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Slate Collection, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Slate Collection logo or other proprietary graphic or trademark as part of the link without express written permission. Slate Collection reserves all rights in and to the Site not expressly granted to you under these Terms of Use.

  1. Products

The Slate Collection products described or depicted on the Site (the “Products”) and the features, contents, specifications, availability and prices of the Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to accurately describe and display the attributes of the Products, including applicable colors. However, the actual color you will see will depend on your device or display and we cannot guarantee that colors will be accurately displayed. Slate Collection does not warrant that Product descriptions are accurate, complete, reliable, current or error-free. For example, a Product may be unavailable, may have different attributes than those listed or may carry a different price than that stated on the Site. If a Product offered by Slate Collection is not as described, your sole remedy is to return it in unused condition.

For additional terms and information regarding our Products, including Product returns, please visit our FAQs.

  1. Pricing

Except where noted otherwise, the Product list price includes standard ground shipping to destinations in the United States and personalization, if desired. Taxes and expedited shipping are not included in the list price and, if applicable, will be added at check out.

If an item's correct price is higher than our stated price, we will make an adjustment at our discretion, and either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

  1. Orders

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to cancel any order at any time, and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

For additional terms and information regarding orders, please visit our FAQs.

  1. Payment

We accept payment for online orders through select debit cards and credit cards. Please see the checkout page for accepted cards. Your credit or debit card will be charged for orders placed through the Site until when your order has entered the shipping process.

  1. Shipping

Delays resulting from the carrier are not the responsibility of Slate Collection. Failure to correctly input any part of the delivery address will cause delays in shipment. Slate Collection reserves the right not to refund or exchange products that were misdelivered due to your error or your failure to correctly provide all required information.

For additional terms and information regarding shipping, please visit our FAQs.

  1. Product Warranty and Disclaimer

For the product warranty applicable to Products purchased on the Site, please see Slate Collection’s Product warranty. EXCEPT AS EXPRESSLY SATED IN THE SLATE COLLECTION PRODUCT WARRANTY AT THE TIME OF PURCHASE, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SLATE COLLECTION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.

Some jurisdictions do not allow exclusion of the implied warranties, so this disclaimer may not apply to you.

  1. Additional Disclaimers

Users should not send sensitive or confidential information in an unencrypted message. Slate Collection reserves the right to change or delete the information contained in the Site at any time and without notice.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, INFORMATION AND SERVICES ON OR AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SLATE COLLECTION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND SERVICES ON OR AVAILABLE THROUGH THE SITE), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.  FURTHER, SLATE COLLECTION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, INFORMATION OR SERVICES ON OR AVAILABLE THROUGH THE SITE (i) WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, (ii) WILL MEET YOUR REQUIREMENTS, OR (iii) WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. SLATE COLLECTION IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OR INFORMATION ON THE SITE. YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND SERVICES ON OR AVAILABLE THROUGH THE SITE.

Some jurisdictions do not allow exclusion of the implied warranties, so this disclaimer may not apply to you.

  1. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, SLATE COLLECTION, ITS AFFILIATES AND THEIR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE SITE AND/OR ANY CONTENT, INFORMATION OR SERVICES ON OR AVAILABLE THROUGH THIS SITE OR A LINKED-SITE) AND/OR THE SERVERS OF SLATE COLLECTION, OR ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THE SERVERS OF SLATE COLLECTION OR ITS SUPPLIERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLATE COLLECTION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, INFORMATION OR SERVICES ON OR AVAILABLE THROUGH THE SITE, IS TO STOP USING THE SITE.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL SLATE COLLECTION'S TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR ACCESSING THE SITE OR A LINKED-SITE.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  1. Links to Other Sites

The Site may contain links to websites not operated by Slate Collection. The links are provided for your convenience only and Slate Collection makes no representations whatsoever about any third-party website which you may access through the Site. A link to a third-party website does not mean that Slate Collection endorses such site or its content. Slate Collection is not responsible for the content, links or privacy of any linked website and access to such third-party sites is at your own risk. It is up to you to take precautions to ensure that the websites you visit or use are free of viruses, worms, trojan horses, adware, malware and other items of a destructive nature.

  1. Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

  1. Trademarks

SLATE COLLECTIONTM, BALLARD TOTETM, REDMOND SATCHELTM, FREMONTTM POUCH, MERCERTM JOURNAL, ELLIOT BAYTM FOLIO, BAINBRIDGETM CARD CASE and other graphics, logos, page headers, button icons, scripts, and trade names are trademarks, registered trademarks or trade dress of Slate Collection or its affiliates in the U.S. and/or other countries. Slate Collection trademarks and trade dress may not be used in connection with any product or service that is not Slate Collection’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Slate Collection. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Slate Collection without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Slate Collection. All other trademarks not owned by Slate Collection or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Slate Collection or its affiliates.

  1. Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Slate Collection or its content suppliers or licensors, and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Slate Collection and protected by U.S. and international copyright laws. All software used on this Site is the property of Slate Collection or its software suppliers and protected by United States and international copyright laws.

  1. Digital Millennium Copyright Act Notice

Slate Collection respects the copyright and intellectual property rights of others, and asks you to do the same.  It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. Slate Collection implemented procedures for receiving written notification of claimed intellectual property and copyright infringements and for processing such claims in accordance with the Digital Millennium Copyright Act.  If you believe that your work has been posted on the Site in a way that infringes your copyright or other intellectual property rights, please contact us at the address below and provide the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

(3) your name, address, telephone number, and email address;

(4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice of copyright infringement is:

ACCO Brands Corporation
Attn: General Counsel
4 Corporate Drive
Lake Zurich, IL 60047
Email: dmca@acco.com
Phone: (847) 541-9500
Fax: (847) 719-8904

Please keep in mind that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  1. Accounts

Some portions of the Site may require you to open an account. Slate Collection sells Products only to adults, who can purchase them with a credit or debit card. If you are under 18, you should not open an account. Whenever you provide us with information, you agree to:  (i) provide true, accurate, current and complete information and (ii) maintain and promptly update such information to keep it true, accurate, current and complete.  We reserve the right to refuse service, terminate accounts, remove or edit content, cancel orders, or restrict access to the Site (or portions thereof) in our sole discretion.

If you open an account, you will be asked to choose a password and a user name or screen name. Please select a password that would not be obvious to someone trying to guess your password.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you are fully responsible for all activities that occur under your password and/or account identification. You agree to immediately notify Slate Collection of any unauthorized use of your password or account or any other breach of security. Slate Collection reserves the right to take any and all action, as it deems necessary or reasonable, to help ensure the security of the Site and your account, including, without limitation, terminating your account or requesting additional information to authorize transactions on your account. Notwithstanding the above, Slate Collection may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Slate Collection be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Slate Collection under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time.

  1. Reviews, Comments, Communications and Other Content

The Site  may offer opportunities for visitors to post reviews, comments, and other content; send ecards and other communications to third parties; and submit suggestions, ideas, comments, questions, or other information (collectively, “Online Content”). You may post or share Online Content so long as the Online Content does not violate these Terms of Use, is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", email addresses, URLs, phone numbers, physical addresses or other forms of contact information. Your conduct should be guided by common sense and basic etiquette. Any review or comments must be truthful and accurate and you are required to disclose any product, prize, payment or other benefit you receive from any person or entity in return or consideration for your review or comment. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to Slate Collection or one of its affiliates if you are writing about any Slate Collection Product or service in your Online Content. Any opinions, advice, statements or other information provided or made available by third parties are those of the respective authors and not of Slate Collection. You agree that you are responsible for any Online Content that you post or submit and for any consequences thereof. Slate Collection has the right (but not the obligation) to monitor and remove or edit any activity and Online Content. Slate Collection takes no responsibility and assumes no liability for any content posted by you or any third party.

If you do post or submit Online Content, and unless we indicate otherwise, you hereby grant Slate Collection and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license, with right of assignment and sublicense, to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, and display such Online Content throughout the world in any media or format, now know or hereinafter devised. You grant Slate Collection and its affiliates and their assignees and sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights in and to the Online Content that you post or submit, that the Online Content is accurate, that use of the Online Content you supply does not violate these Terms of Use and will not cause injury to any person or entity and that you will indemnify Slate Collection and its affiliates for all claims resulting from Online Content you supply. By submitting Online Content, you agree to waive the benefit of any provision of law known as “moral rights” or similar laws.

You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Site. However, should you do so, you hereby grant to Slate Collection and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever. You also agree not to: (i) access or attempt to access any information, documents or material unless intentionally made available through the Site; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Site, including, without limitation, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites, applications, materials, documents, or services; (iii) access or use the Site in any manner that could damage, disable, overburden or impair any server owned or used by Slate Collection or its suppliers in connection with the Site or any network(s) connected to such servers; (iv) use any material or documents in any manner that infringes any intellectual property rights or other rights of Slate Collection or any third party; (v) transmit unsolicited or bulk communications to any Slate Collection account holder or to any Slate Collection affiliated email address; (vi) post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, trojan horses, viruses and worms; (vii) use a false email address, impersonate any person or entity, mislead as to the origin of a card or other content, or create a false identity; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked websites, applications, material, documents or services; (ix) violate any applicable laws or regulations related to the access to or use of the Site (or any portion thereof) or engage in any activity prohibited by these Terms of Use; (x) prepare, compile, use, download or otherwise copy any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) engage in any chain letters, contests, junk email pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights of Slate Collection or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; (xiii) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site; and/or (xiv) use any Slate Collection domain name as a pseudonymous return email address.

  1. Disputes with Slate Collection

You and Slate Collection agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Contact Slate Collection First. If a dispute arises between you and Slate Collection, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Slate Collection related to the Site, including, without limitation, its Products and services.

Applicable Law. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and Slate Collection, except as otherwise stated in these Terms of Use.  You understand that the Site is directed only to residents of the United States.

Claims and Disputes Must Be Filed Within One Year. To the fullest extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Site, including, without limitation, any Product, services, Online Content or other content, must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.

Agreement to Arbitrate. You and Slate Collection each agree that any and all disputes or claims that have arisen or may arise between you and Slate Collection, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, SLATE COLLECTION'S, OR EITHER OF OUR LICENSORS' INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  • Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SLATE COLLECTION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SLATE COLLECTION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
  • Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Slate Collection may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Slate Collection subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Slate Collection, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
  • Severability. With the exception of any of the provisions in the “Prohibition of Class and Representative Actions and Non-Individualized Relief" section, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the "Prohibition of Class and Representative Actions and Non-Individualized Relief" section is invalid or unenforceable, then with respect to actions that would have been covered by such section, the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of this Section (Disputes with Slate Collection), will continue to apply.
  • Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Use to the contrary, you and Slate Collection agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Slate Collection prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Slate Collection prior to the effective date of termination.
  1. Indemnity

You agree to indemnify and hold harmless Slate Collection, its affiliates and their employees, officers, representatives, suppliers and service providers from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Site, including, without limitation, any service  or content on the Site, including, without limitation, any information you provide to Slate Collection, your Online Content or other content submitted or transmitted by you; (ii) any use of any password chosen by or issued to you; (iii) any information you download or access from or through the Site; (iv) your interference with the operation of the Site; and (v) any violation by you of these Terms of Use, any rights of any other person or entity, or any applicable laws, rules or regulations

  1. Severability

If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

  1. Waiver

No delay or failure by Slate Collection to enforce any of the Terms of Use shall be a waiver of any of our rights under these Terms of Use. 

  1. Entire Agreement

 These Terms of Use are the entire understanding and agreement between Slate Collection and you with respect to the subject matter hereof.

  1. Interpretation

The headings used in these Terms of Use are for convenience only, are not a part of this agreement and do not affect the interpretation of any of the provisions of these Terms of Use. 

  1. Contact Us

Slate Collection
Attn: Customer Care
101 O’Neil Rd.
Sidney, NY 13838
Email: customercare@SlateCollection.com

 

Copyright© 2017 Slate Collection.